Neutral Citation No. - 2025:AHC:108402 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23596 of 2025 Applicant :- Lakshman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.,Girish Kumar Gupta Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Narayan Singh (Kushwaha), learned counsel for the applicant, Sri Girish Kumar Gupta, learned counsel for the first informant/O.P. No.2 and Sri Ajay Singh, learned AGA-I for the State/O.P. No.1 and perused the material on record. 3. Office to trace out the vakalatnama of Sri Girish Kumar Gupta, Advocate and place it on record and make a note in the order sheet about it. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Lakshman, seeking enlargement on bail during trial in connection with Case Crime No. 19 of 2025, under Sections 137, 65(1), 87 BNS, 2023 and Section 3/4 POCSO Act, registered at Police Station Banpur, District Lalitpur. 5. The FIR of the matter was lodged on 17.01.2025 by Smt. Sarju Bai against unknown person alleging therein that on 15.01.2025 at about 08:00 pm her grand-daughter aged about 10 years has gone from the house without telling anything. Report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that subsequently the victim was recovered on 07.03.2025 and medical examination was done and as per the opinion of the doctor she is aged about 17 years. It is submitted that the victim during investigation in her statements has stated that she was beaten by her parents and thrown out of the house. Then she went from the house and called the applicant and went with him and they solemnized marriage and they were living as husband and wife. It is submitted that the same is with consent. It is submitted that the present case is a case of elopement. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 10.03.2025. 7. Learned counsel for the first informant does not oppose the prayer for bail and submits that since the applicant had married the victim and they were living as husband and wife, the family of the victim has accepted the said relation. 8. Learned counsel for the State opposed the prayer for bail. 9. After having heard learned counsels for the parties and perusing the records, it is evident that the victim was opined to be about 17 years of age as per medical evidence and by giving variation, she is a major. The present case appears to be a case of elopement. The applicant has married the victim which as per the statement of learned counsel for the first informant/O.P. No.2, has been accepted by the family of the victim. 10. 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. 11. Let the applicant Lakshman, 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. 12. 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. 13. The bail application is allowed. 14. Pending application(s), if any, shall stand disposed of. Order Date :- 9.7.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad