HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27524 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Shams Uz Zaman, learned counsel for the applicant, Sri V.D. Ojha, learned AGA 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 Zaheer, seeking enlargement on bail during trial in connection with Case Crime No.356 of 2025, under Section(s) 87, 64(1) B.N.S., registered at P.S. Baghpat, District- Baghpat. 4. The F.I.R. of the matter was lodged on 21.6.2025 by Biresla against the applicant alleging therein that her daughter aged about 16 years, went to the house of her maternal aunt (mausi). On 18.6.2025 at about 6:00 p.m. the applicant came to the house and allured and enticed away her daughter. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the victim is a major girl aged about 19 years. It is submitted that the victim travelled with the applicant from Baghpat to Delhi and then to Dehradun and then to Mathura and then to Agra where they stayed in a hotel but no opposition and resentment has been made by her. It is submitted that the present case is a case of consent. It is argued that the applicant has no other criminal antecedents as stated in para-17 of the affidavit and is in jail since 25.06.2025. Versus Counsel for Applicant(s) : Shams Uz Zaman Counsel for Opposite Party(s) : G.A. Zaheer .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major girl. The victim travelled to various places with the applicant and there does not appear to be any opposition or resentment by her during that period. They even stayed in a hotel. 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- Zaheer, 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. BAIL No. 27524 of 2025 2 (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. September 9, 2025 Naresh BAIL No. 27524 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad