Neutral Citation No. - 2025:AHC:103691 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22890 of 2025 Applicant :- Neelu Nath Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, 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-Neelu Nath, seeking enlargement on bail during trial in connection with Case Crime No.15 of 2025, u/s 87, 64 of B.N.S., P.S. Fugana, District Muzaffar Nagar. 4. The FIR of the matter was lodged on 17.03.2025 by Sanjeev against the applicant alleging therein that his daughter aged about 23 years was in the house on 2.1.2025 and when he had gone for work, at about 11 a.m. the applicant lured and enticed her away. She was seen by Roshan Lal of the village. When he came back to the house, she was not there. She was searched but could not be traced. He gave a missing report on 25.1.2025 since his daughter is not traceable. 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 FIR itself the victim is a major woman aged about 23 years. It is further argued that the victim in her statement under Section 180 of BNSS has stated that she went with the applicant but later on the applicant gave her some intoxicating material and then committed rape upon her. The same is false and incorrect inasmuch as the victim went with the applicant and did not raise any objection or resistance. It is further argued that the victim has reiterated her version given in her statement under Section 180 B.N.S.S. when her statement was recorded under Section 183 B.N.S.S. It has also been pointed out that the applicant is not having any criminal history as stated in para 18 of the affidavit. The applicant is in jail since 19.3.2025. 6. Per contra 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 a major woman. The victim went with the applicant out of her own sweet-will. She did not raise any objection or resistance. 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-Neelu Nath, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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 :- 3.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad