Neutral Citation No. - 2025:AHC:121660 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25392 of 2025 Applicant :- Ankit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant, 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. has been filed by the applicant Ankit Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 60 of 2025, under Section 69 BNS, registered at Police Station Sahayal, District Auraiya. 4. The FIR of the matter was lodged on 23.04.2025 by the victim against the applicant alleging therein that she used to go to the coaching wherein she met the applicant. They started talking to each other on phone. On a false promise to marry the applicant established physical relationship with her many times. On 10.01.2025 he came to her house and on a false promise to marry established physical relationship with her. She disclosed about it to her parents who were ready for marriage but the father of Ankit sought sometime for talking about it after which they started avoiding it thereafter marriage was refused. 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 a major girl aged about 20 years. It is submitted that the relationship with the victim and the applicant was a consensual relationship on a some discussion of marriage which could not materialize, para 15 of the affidavit has been placed before the Court. It is submitted that the investigation in the matter has concluded and a charge sheet has been submitted against the applicant, para 11 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 31 of the affidavit and is in jail since 21.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that in so far as the relationship is concerned, the same is admitted by the applicant even in para 15 of the affidavit. It is submitted that the marriage could not materialize since there was a demand of Rs. 5 lakh and a car by the applicant and his family members. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl aged about 20 years. The relationship between the victim and the applicant was a consensual relationship on a some discussion of marriage which could not materialize hence the present FIR has been lodged. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant. 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 Ankit Kumar, 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. 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 :- 24.7.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad