Neutral Citation No. - 2025:AHC:114682 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24385 of 2025 Applicant :- Manish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Keshari Nandan Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I 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 Manish Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 191 of 2025, under Sections 69, 89 BNS, 2023, registered at Police Station Alinagar, District Chandauli. 4. The FIR of the matter was lodged on 03.06.2025 by the victim against the applicant alleging therein that the applicant is the brother of her brother-in-law (jeeja). He used to come to her house and offered to marry her which was refused by her but then threatened to commit suicide on which she agreed for marriage and then on a false promise to marry he established physical relationship with her. In the meantime, she became pregnant but he gave medicine to her due to which she aborted. When she became unwell the applicant agreed to marry her but later on refused 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 aged about 20 years. It is submitted that the relationship was a consensual relationship and there was some discussion for marriage between them but the same did not materialize and thus the present FIR has been lodged. It is submitted that the applicant has no criminal history as stated in para 5 of the affidavit and is in jail since 05.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the brother of the brother-in-law (jeeja) of the victim. They on some discussion of marriage had relationship between them. She was pregnant once which was aborted. On refusal to marriage the present FIR has been lodged. The victim is a major girl aged about 20 years. 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 Manish 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 :- 16.7.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad