Neutral Citation No. - 2025:AHC:132959 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21090 of 2025 Applicant :- Vishal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A.,Rajesh Pratap Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajeev Kumar, learned counsel for the applicant, Sri Rajesh Pratap Singh, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Vishal, seeking enlargement on bail during trial in connection with Case Crime No.175 of 2025, u/s 137(2), 87, 64 BNS and Section 3/4 POCSO Act, P.S. Bichhwa, District Mainpuri. 4. The FIR of the matter was lodged on 30.4.2025 by Raghuraj Singh against the applicant alleging therein that 29.4.2025 at about 9 p.m., Baraat had come to his village. They were in the house. After some time he came to know that his daughter aged about 17 years was not in the house. She was searched a lot but could not be traced. Later on he came to know that some boy has lured and enticed her away. On gathering information, he came to know that the applicant has taken away his daughter. He then with the villagers was searching his daughter after which the applicant left his daughter about a kilometer away from the village and ran away. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that as per school records, the victim is more than 17 years of age as her date of birth as per High School Certificate is 20.6.2007. It is further argued that the victim in her statement recorded during investigation has stated of going with the applicant in his car but in so far as the allegation of sexual assault is concerned, the same has been disclosed by the victim for the first time in her statement recorded under Section 183 B.N.S.S. The same is under the pressure of her family members just in order to give the case a different colour. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit. The applicant is in jail since 3.5.2025. 6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is more than 17 years of age as per school records. The victim in her statement under Section 180 B.N.S.S has not levelled any allegation of sexual assault but the same has been disclosed by her for the first time in her statement recorded under Section 183 B.N.S.S. The same appears to be under the pressure of her family members to give the case a different colour. 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-Vishal, 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 she/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 her/him 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 proceedings against her/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 her/him in accordance with law and the trial court may proceed against her/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. (Samit Gopal, J.) Order Date :- 6.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad