Neutral Citation No. - 2025:AHC:138803 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28033 of 2025 Applicant :- Shiva Anand Alias Shiv Anand Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Saini Counsel for Opposite Party :- Amul Kumar Tyagi,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajeev Kumar Saini, learned counsel for the applicant, Sri Sumit Verma, Advocate holding brief of Sri Amul Kumar Tyagi, learned counsel for the first informant and Sri Ramesh Shukla, learned counsel for the State and perused the material on record. 3. Office to trace out the vakalatnama of Sri Amul Kumar Tyagi which has been filed in the office on 12.08.2025 and place it on record and make a note in the order sheet about it. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shiva Anand @ Shiv Anand, seeking enlargement on bail during trial in connection with Case Crime No. 150 of 2025, under Sections 376, 506 I.P.C., registered at Police Station Medical College, District Meerut. 5. The FIR of the matter was lodged on 03.05.2025 by the victim against the applicant and 8 other persons alleging therein that she met the applicant who is the relative of her sister and used to visit her house. He took her many times to his house and introduced her to his family members and on a false promise to marry established physical relationship with her. The other family members pressurized her to established physical relationship with him. The same is continuing since last eight years. Shiva Anand and his family members now refused for marriage and have threatened her. Report be lodged and action be taken. 6. 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 woman and was in relationship with the applicant since the year 2017. It is submitted that the relationship between them was a consensual relationship. Subsequently, the factum of marriage could not materialize and thus the FIR has been lodged. The victim has disclosed her age is 26 years in her statement recorded under Section 180 BNSS and thus she is a major. It is submitted that the FIR has been lodged after inordinate delay, para 18 of the affidavit has been placed before the Court. It is submitted that charge sheet in the matter has not been submitted, para 19 of the affidavit. It is submitted that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 19.06.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations him. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant and the victim were in relationship since the year 2017. There was some discussion of marriage between them which could not materialize and thus the present FIR has been lodged. Physical relationship was established between them many times. 9. 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. 10. Let the applicant Shiva Anand @ Shiv Anand, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 14.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad