HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30292 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Ms. Shabana Nizam, learned counsel for the applicant, Sri Dewendra Singh, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Sharukh, seeking enlargement on bail during trial in connection with Case Crime No.93 of 2025, under Sections 87, 137(2), 64 BNS and 3/4 POCSO Act and 3(2)V SC/ST Act, PS. Jafrabad, district Jaunpur. 4. The FIR of the matter was lodged on 4.5.2025 by Jitendra Kumar Gautam against the applicant alleging therein that his daughter aged about 17 years and 6 months has been lured and enticed away by Sharukh on 3.5.2025 at about 11 p.m. Sharukh lives in Pune. He has come to village on 1.5.2025 in a wedding. A report be lodged and his daughter be traced. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim was recovered on 12.5.2025 and her statement under Sections 180 and 183 BNSS were recorded wherein she states that she was in love with the applicant and had gone with the applicant out of her own sweet-will from Varanasi to Mumbai and stayed there in a rented room and solemnized marriage with the applicant in a temple. It is further argued that the victim went out of her own sweet-will without any objection or resistance. The present case is a case of Versus Counsel for Applicant(s) : Aamir Nizam, Shabana Nizam Counsel for Opposite Party(s) : Dewendra Singh, G.A. Sharukh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) elopement. It has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit. The applicant is in jail since 13.5.2025. 6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim went with the applicant by train from Varanasi to Mumbai without any objection or resistance. They then lived in a rented accommodation and solemnized marriage. Investigation in the matter has concluded and charge sheet has been filed. The present case appears to be 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-Sharukh, 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 she/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 her/him presence proclamation under section 84 BNSS, BAIL No. 30292 of 2025 2 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 22, 2025 Gaurav Kuls BAIL No. 30292 of 2025 3 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad