HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30426 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ram Adhar Ram, Advocate, holding brief of Sri Kamlesh Kumar, 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 Satendra, seeking enlargement on bail during trial in connection with Case Crime No.17 of 2025, under Section(s) 318(4), 131, 352, 351(3) B.N.S., registered at P.S. Sadar Bazar, District- Saharanpur. 4. The F.I.R. of the present matter was lodged on 12.1.2025 by the victim against the applicant and two other accused persons alleging therein that she was married to Abhishek in the year 2009 but due to some differences she was given divorce in the year 2020. From the year 2020 she used to work at Delhi and used to go there by bus. The applicant who was bus conductor, used to meet her in bus. She met the applicant from 2019 to 2024. The applicant kept her in a rented room where they lived like husband and wife. He assured her of marrying her. When she asked him to marry, he assaulted her and threatened her of life and then he left her. When she went to the village of the applicant his mother and nephew who are co-accused, assaulted and threatened her. She has come to know that the applicant is already a married man. A report be lodged and action be taken. Versus Counsel for Applicant(s) : Kamlesh Kumar Counsel for Opposite Party(s) : G.A. Satendra .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the victim is a major woman aged about 32 years and she was already married and then divorced. It is submitted that the victim lived with the applicant out of her own sweet will for about 05 years without any objection. It is submitted that there was some discussion of marriage between the applicant and the victim which could not materialize and then the present F.I.R. has been lodged against the applicant. It is argued that the applicant has no other criminal antecedents as stated in para-15 of the affidavit and is in jail since 15.7.2025. 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 major woman and a divorcee. She lived with the applicant for about 05 years without any objection. There was some discussion of marriage between them which could not materialize. 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- Satendra, 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 BAIL No. 30426 of 2025 2 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. September 23, 2025 Naresh BAIL No. 30426 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad