Neutral Citation No. - 2025:AHC:73514 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1571 of 2025 Applicant :- Ashish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prakhar Mishra,Sumit Kumar Singh Counsel for Opposite Party :- Bijay Kumar Srivastava,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Prakhar Mishra, learned counsel for the applicant, Vidya Kant Tripathi holding brief of Sri Bijay Kumar Srivastava, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ashish, seeking enlargement on bail during trial in connection with Case Crime No.100 of 2024, u/s 363, 366, 376 IPC and Section 3/4 POCSO Act, registered at P.S.Vindhyachal, District Mirzapur. 4. The FIR of the matter was lodged on 20.5.2024 under Sections 363, 366 IPC by Sanjay Yadav against the applicant alleging therein that on 17.4.2024 at about 10 a.m. his daughter aged about 17 years who is a minor, had gone to the market but did not return back. She was searched but could not be traced. He came to know that she was seen with the applicant. Even before the applicant had made an attempt to lure her and entice her regarding which an information was given by him at the police station but no action was taken. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim during investigation has not supported prosecution case and has submitted that she was in love with the applicant and she went from the house out of her own sweet-will and married the applicant and they were living as husband and wife. It is further argued that the victim lived with the applicant from 17.4.2024 to 23.5.2024 after which she was recovered. As per school records the victim was aged about 17 years at the time of incident but in the radiological report, the age of the victim was opined between 18-20 years. It is further argued that the present case is a case in which the victim gone from the house out of her own sweet-will and then went with the applicant and was staying with him. The victim travelled to various places by various modes but did not make any objection or resistance. It is further argued that during investigation Section 376 IPC and Section 3/4 POCSO Act has been added. The investigation in the matter has concluded and charge sheet has been submitted. It has also been pointed out that the applicant is not having any criminal history as stated in para 43 of the affidavit. The applicant is in jail since 27.5.2024. 6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR and also in the statement of the victim recorded during investigation, as such the prayer for bail be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim went with the applicant out of her own sweet-will and married him. The investigation in the matter has concluded and charge sheet has been submitted. The Victim states to be living with the applicant out of her own sweet-will. The victim travelled to various places by various modes but did not make any objection or resistance. Section 376 IPC and Section 3/4 POCSO Act have been added during investigation. 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-Ashish, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 7.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad