Neutral Citation No. - 2025:AHC:106893 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23337 of 2025 Applicant :- Dileep Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dileep, seeking enlargement on bail during trial in connection with Case Crime No. 11 of 2025, under Sections 69, 123, 351(2), 115(2) B.N.S., Police Station Saadh, District Kanpur Nagar. 4. The first information report of the present matter was lodged on 31.01.2025 by the victim against the applicant and Sipahi Lal alleging therein that she met the applicant in the marriage of her uncle. The mobile numbers were exchanged. They started talking on phone. The applicant lured her and took her to a hotel where he offered cold-drink and mixed some intoxicating substance and after consuming it she became unconscious. When she regained consciousness she found her clothes here and there. On opposing it he promised marriage with her. On false promise to marry he established physical relationship with her many times. Subsequently when pressure was done for marriage co-accused Sipahi Lal father of Dileep asked Rs. 10,00,000/- for marriage. 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 an adult woman aged about 24 years. The relationship was with consent. Subsequently the marriage between the applicant and the victim could not be solemnized and the applicant got engaged to some other girl in October 2024 of which the first informant came to know in November 2024 and then the present first information report has been lodged. While placing paragraph 11 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted on 05.03.2025 for offence under Sections 69, 123, 351(2), 115(2) B.N.S. The applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 30.03.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The relationship between them was on some discussion of marriage which could not materialize. 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- Dileep, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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. Order Date :- 8.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad