Neutral Citation No. - 2025:AHC:101399 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21505 of 2025 Applicant :- Abhay Maurya Alias Tinku Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Maurya Counsel for Opposite Party :- Amarendra Mani,Brijesh Kumar Pal,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Manoj Kumar Maurya, learned counsel for the applicant, Sri V.D. Ojha, learned AGA 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 Abhay Maurya Alias Tinku Maurya, seeking enlargement on bail during trial in connection with Case Crime No.98 of 2025, under Sections 69, 352, 351(2) B.N.S., registered at P.S. Lar, District- Deoria. 4. The F.I.R. of the matter was lodged on 06.4.2025 by the victim against the applicant alleging therein that the applicant on false promise to marry with her since last 10 years, has been sexually exploiting her. Whenever she used to ask him to marry her, he used to avoid it. On pressurizing him, he took her to Deoria where they solemnized marriage in a temple, after which she was kept in a rented room. Whenever she used to ask him to be taken to his house, he used to avoid it. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major married woman aged about 33 years. It is submitted that Anil Vishwakara the brother of the victim in his statement recorded under Section 180 B.N.S.S. has stated that the victim/first informant was married to Mahesh Vishwakarma in the year 2013 after which she stayed there for about one month in her matrimonial house and then after having fight returned back to his house and was living with his mother since then. It is further submitted that relationship between them was a consensual relationship. It is submitted that the F.I.R. of the matter was lodged after an inordinate delay of about 10 years. It is argued that the applicant has no other criminal antecedents as stated in para- 26 of the affidavit and is in jail since 09.4.2025. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major married woman. The factum of her marriage and then returning back after having fight in her matrimonial house and living with her mother in her maternal house has been stated by Anil Vishwakarma the brother of the victim. The case is of false promise to marry since last 10 years and in the meantime indulging in physical relationship. The F.I.R. has been lodged after inordinate delay of about 10 years. 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- Abhay Maurya Alias Tinku Maurya, 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 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. (Samit Gopal,J.) Order Date :- 1.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad