Neutral Citation No. - 2025:AHC:133097 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23416 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Kumar,Dewendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. In compliance of order dated 22.07.2025 passed by this Court, Sri Shiv Chand Patel, Sub Inspector, Police Station Harpur Budhat, District Gorakhpur has filed affidavit of service dated 04.08.2025, which is taken on record. Despite service of notice upon the complainant, no one has put in appearance on behalf of the complainant to oppose the bail prayer of the applicant. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Ajay, who is involved in Case Crime No. 294 of 2024, under Section 87 BNS, police station Harpur Budhat, district Gorakhpur, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is mother of the victim, got a first information report lodged on 25.11.2024 for the alleged offence under Section 137(2) BNS, 2023 against unknown person alleging inter alia that on 01.09.2024 at about 07:00 A.M., his daughter having mobile no. 7388962569 has left house without giving any information to anyone. She suspects that some boy of village has enticed away her daughter. It is argued by learned counsel for the applicant that as per high school certificate of the year 2024 of the victim, her date of birth is 04.07.2006 and as such, on the date of incident she was major and she herself left her house and eloped with the applicant on account of having love affair with him. On 26.03.2025, the victim herself came back to her house. Thereafter, her statement under Section 180 BNSS was recorded, in which she did not make allegation against the applicant rather she has stated that on 01.09.2024, she herself had gone with the applicant to Haryana where they solemnized marriage on 23.01.2025 and started living as husband and wife. It is pointed out that when statement under Section 183 BNSS of the victim was recorded, in which she under the pressure of her parents made allegation against the applicant improving her case and she has also disclosed that she is pregnant. It is further pointed out that during pendency of this bail application, the victim has come to the house of the applicant and at present, she is residing in the house of the applicant and she has also filed supplementary affidavit dated 31.07.2025 in this regard. On the strength of aforesaid facts, it is submitted that the applicant does not have any criminal antecedent to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 01.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the victim is major and she in the supplementary affidavit dated 31.07.2025 has stated that under the pressure of her parents, she has improved her case in her statement under Section 183 BNSS and presently she is residing at the house of the applicant Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Ajay 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 6.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad