Neutral Citation No. - 2025:AHC:116068 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22014 of 2025 Applicant :- Kalu Alias Manmohan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.,Uday Narain Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Narayan Singh(Kushwaha), learned counsel for the applicant, Sri Uday Narain Singh, learned counsel for the first informant/opposite party no. 2, 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- Kalu Alias Manmohan seeking enlargement on bail during trial in connection with Case Crime No. 178 of 2024, under Sections 137(2), 64(1) Bhartiya Nyaya Sanhita (B.N.S.), 2023, and Section 5j(2)/6 Protection of Children From Sexual Offences Act, 2012, registered at P.S. Madawara, District- Lalitpur. 4.The F.I.R. of the matter was lodged on 15.10.2024 by Ghanshyam against the applicant alleging therein that his daughter is aged about 17 years. On 12.10.2024 when the family members had gone for idol immersion she went out of the house. After a lot of search she could not be traced. He has come to know that the applicant has allured her and enticed her away. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that as per report of concerned C.M.O. the victim has been opined to be 18 years of age and as such she is a major. It is submitted that the applicant and the victim have solemnized marriage and are living together as husband and wife. It is submitted that the family members of the victim have also accepted the said relationship. Learned counsel has placed para-3 of the supplementary affidavit dated 04.7.2025 which is already on the record, and has submitted that marriage of the applicant and the victim has been accepted by their families and the applicant took the victim on 18.3.2025 for treatment and he is ready to keep her as his wife in future. It is argued that the applicant has no other criminal antecedents as stated in para- 27 of the affidavit and is in jail since 25.3.2025. 6. Per contra, learned State counsel and learned counsel for the first informant does not dispute the arguments as aforesaid. 7. After having heard learned counsels for the parties and perusing the record, it is evident that as per statement of the victim, she went with the applicant out of her own sweet will. As per medical examination report she is major. Case of the applicant is that he has solemnized marriage with the victim and shall be keeping her as his wife as pleaded in para-3 of the said supplementary affidavit. 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- Kalu Alias Manmohan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other surety should be 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 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 :- 17.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad