Neutral Citation No. - 2025:AHC:110852 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23992 of 2025 Applicant :- Vijay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Suneel Kumar Yadav, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I 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- Vijay Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 233 of 2025, under Sections 69, 352, 351(3), 64 B.N.S. and Section 67 I.T. Act, Police Station Mehnagar, District Azamgarh. 4. The first information report of the present matter was lodged on 18.05.2025 by the victim against the applicant alleging therein that she used to talk to the applicant since the last six months. On a false promise to marry he established physical relationship with her. When she asked him to marry he refused. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that during investigation the victim has states that the applicant clicked her objectionable photographs which were sent to other persons. It is submitted that the same is false and incorrect in as much as the mobile of the victim was only recovered in which the Investigating Officer found her photograph. It is submitted that the same is not incriminating in any manner. It is submitted that the date of birth of the victim is 05.08.2000 as per the school records and as such is aged about 24 years at the time of occurrence. While placing paragraph 07 of the affidavit it is submitted that before lodging of the FIR a dispute arose between the brother of the victim and the applicant due to which the concerned police officer proceeded challan them under Sections 170, 126, 135 B.N.S.S. before the S.D.M. concerned. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 27.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report and in the statements of the victim. The photograph of the victim was recovered in her mobile which has been taken into possession and seen. It is submitted that the investigation in the matter has concluded and charge-sheet dated 10.07.2025 has been submitted. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is aged about 24 years. The relationship between the victim and the applicant was on some discussion of marriage which could not materialize. Photograph of the victim has been seen by the Investigating Officer in her mobile which has been recovered. 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- Vijay Yadav, 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 :- 11.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad