HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21189 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sanjay Kumar Sharma, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Jitendra, seeking enlargement on bail during trial in connection with Case Crime No. 105 of 2025, under Sections 69, 351(2), 351(3) BNS, registered at Police Station Amroha Dehat, District Amroha. 4. The FIR of the matter was lodged on 11.04.2025 by the victim against the applicant alleging therein that she is aged about 22 years. She met the applicant in February, 2021 who somehow got her mobile number from her mobile and on a false promise to marry established physical relationship with her. She started working in Noida and the applicant on the strength of photographs and video recorded by him of the incident continued blackmailing her and physical relationship was established with her. On her asking him to marry repeated times he called her on 29.01.2025 to court and made her sign on some papers. He continued establishing physical relationship forcibly with her. In March, 2025 during Holy she came to know that the applicant is already married and has made a false promise to marry and physically exploited her. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the FIR has been lodged after inordinate delay inasmuch as the victim met the applicant in February, 2021 after which physical relationship is stated to have been done by the applicant but the same was not reported by her to any authority. It is submitted that the applicant sexually exploited her but it was later when she came to know that the applicant is already married in Versus Counsel for Applicant(s) : Arun Kumar, Sanjay Kumar Sharma Counsel for Opposite Party(s) : G.A. Jitendra .....Applicant(s) State of U.P. .....Opposite Party(s) March, 2025 but the present FIR has been lodged in the month of April, 2025. It is submitted that initially the present case is a case of consent subsequently when the relationship between the applicant and the victim became sour the present FIR has been lodged. It is further submitted that charge sheet in the matter has been submitted against the applicant on 04.05.2025, para 15 of the affidavit has been placed before the Court. It is submitted that the applicant has a criminal of one case in which he has been granted bail, para 14 of the affidavit and the order granting bail to the applicant is annexure 7 to the affidavit has been placed before the Court. The applicant is in jail since 30.04.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the relationship between the applicant and the victim was continuing since February, 2021. In March, 2025 the victim came to know that the applicant is already married then the FIR has been lodged in April, 2025. Charge sheet in the matter has been submitted against the applicant. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant Jitendra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate BAIL No. 21189 of 2025 2 proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. September 19, 2025 M. ARIF BAIL No. 21189 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad