Neutral Citation No. - 2025:AHC:145988 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28981 of 2025 Applicant :- Arman Khan Opposite Party :- State Of U.P. Through Principal Secretary Home Gov. Of U.P. At Lucknow Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dwijendra Prasad, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I 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 Arman Khan, seeking enlargement on bail during trial in connection with Case Crime No. 525 of 2025, under Sections 87, 64(1) BNS, 2023, registered at Police Station Firozabad South, District Firozabad. 4. The FIR of the matter was lodged on 26.05.2025 by Saurabh Yadav against the applicant alleging therein that on 24.05.2025 his wife went from the house without informing anyone regarding which a missing report was lodged by him. Now he has come to know that on 23/24.05.2025 in the night at about 02:00 am Arman Khan the applicant has enticed her away. 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 victim is major married lady. It is submitted that the present case is a case of consent. It is submitted that as per the statements of the victim recorded during investigation, she was knowing the applicant since last 8-9 years and went to Jain Temple on his call from where they went to Gujarat and stayed there. She then states that the applicant committed forceful sexual assault on her. It is submitted that the same is a false and concocted and under pressure of her husband. It is submitted that the victim did not raise or oppose when she was travelling upto Gujarat and staying there with the applicant. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 07.07.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major married lady. She went out of her own sweet will of which a missing report was lodged by her husband. Subsequently on coming to know that the applicant has been enticed her away and thus the present FIR has been lodged. As per the statements of the victim, she travelled with the applicant upto Gujarat and stayed there with him but did not raise any objection or opposition to the same. 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 Arman Khan, 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 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. (Samit Gopal, J.) Order Date :- 23.8.2025 M. ARIF/e-file Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad