Neutral Citation No. - 2025:AHC:143338 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26326 of 2025 Applicant :- Shivam Verma Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- Atul Kumar Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Shiv Shankar Kaithal, Advocate holding brief of Sri Atul Kumar Singh, learned counsel for the first informant and 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., 2023 has been filed by the applicant- Shivam Verma, seeking enlargement on bail during trial in connection with Case Crime No. 383 of 2025, under Sections 69 B.N.S., Police Station North, District Firozabad. 4. The first information report of the present matter was lodged on 22.06.2025 by the victim against the applicant alleging therein that she is aged about 23 years. The applicant was studying in the same school and in one class higher to her. They started liking each other and became friends and decided to marry each other. The applicant pressurized her for making physical relationship which she refused. Later on in the year 2021 physical relationship was established between them and it was decided that they would marry each other. In the meantime, physical relationship was established between them many times. Their family members also came to know of their relationship. Later on she came to know that the applicant has married some other person. 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. It is submitted that the relationship between the victim and the applicant was a consensual relationship. Later on when the applicant married some other person, the present first information report has been lodged. It is submitted that during investigation the victim has stated that the her family members were not ready for marriage and some dispute arose between them and the relationship came to an end, paragraph 11 of the affidavit has been placed for the same. It is submitted that the present case is a case of consent. The applicant has no criminal history as stated in para 13 of the affidavit and is in jail since 14.06.2025 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim and the applicant were friends and were in relationship since 2021. Subsequently when the factum of marriage between them did not materialize and the applicant married some other person, the first information report has been lodged. 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- Shivam Verma, 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 :- 21.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad