HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31306 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Syed Wajid Ali, 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 Devnath Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 136 of 2025, under Section 69 B.N.S., registered at P.S. Tiwaripur, District- Gorakhpur. 4. The F.I.R. of the matter was lodged on 10.6.2025 by the victim against the applicant alleging therein that she was living since the last three years, in a rented house and the applicant who was brother-in-law of owner of the house, was also living there. He on a false promise to marry established physical relationship with her which continued up to 27.5.2025. When she pressed him for marriage he stated of marrying her in court in the month of August. Suddenly on 28.5.2025 she received a photo from friend of the applicant, from which she came to know that applicant has married with some other girl. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 20 years. It is submitted that relationship between the applicant and the victim was a consensual relationship. It is submitted that there was some discussion of marriage between them which could not Versus Counsel for Applicant(s) : Syed Wajid Ali Counsel for Opposite Party(s) : G.A. Devnath Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) materialize and thus the present F.I.R. has been lodged. It is submitted that investigation in the matter has concluded and a charge sheet dated 09.7.2025 has been submitted against the applicant, para-13 of the affidavit has been placed for the same, and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para- 25 of the affidavit and is in jail since 11.6.2025. 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 a major girl aged about 20 years. Relationship between the applicant and the victim was a consensual relationship. There was some discussion of marriage between them which could not materialize. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant. 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- Devnath Yadav, 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 BAIL No. 31306 of 2025 2 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 12, 2025 Naresh BAIL No. 31306 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad