HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29722 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Prateeyush Kumar Pathak, learned counsel for the applicant, Sri Abhinav Singh, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel 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 Suresh Meghwal, seeking enlargement on bail during trial in connection with Case Crime No. 550 of 2024, under Sections 64(1), 87, 137(2) BNS, 2023 and Section 3/4 POCSO Act, registered at Police Station Banna Devi, District Aligarh. 4. The FIR of the matter was lodged on 27.7.2024 by Smt. Hemlata against the applicant and one other person alleging therein that her daughter aged about 17 years went missing from the house from 17.07.2024 at about 10:00 pm. She was searched a lot but could not be traced. On 18.07.2024 at about 08:18 am she received a message from the mobile phone of her daughter that she is in Delhi. Her daughter has been lured and enticed away by the applicant who may murder her. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the date of birth of the victim as per records is 18.10.2006 and she eloped with the applicant on 18.07.2024 and solemnized marriage with him on 22.09.2024. It is submitted that the victim in her statements recorded during investigation states of going with the applicant out of her own sweet will, solemnizing marriage and staying with him and further she states that she is having pregnancy of three months. It is further submitted that the present case is a case of elopement. It is submitted that the Versus Counsel for Applicant(s) : Peeyush Kumar Pathak, Prateeyush Kumar Pathak Counsel for Opposite Party(s) : Abhinav Singh, G.A. Suresh Meghwal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicant has no criminal history as stated in para 14 of the affidavit and is in jail since 16.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although has appeared before the Court but he does not oppose the prayer for bail and submits that the victim is living with the applicant as they have solemnized marriage. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim states of going with the applicant out of her own sweet will, marrying him and staying with him. The present case appears to be a case of elopement. 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 Suresh Meghwal, 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 BAIL No. 29722 of 2025 2 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 17, 2025 M. ARIF BAIL No. 29722 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad