HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31600 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Abhishek, learned counsel for the applicant, Sri Bade Lal Bind, 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 Suhail, seeking enlargement on bail during trial in connection with Case Crime No. 500 of 2025, under Sections 69, 351(2), 352 BNS, registered at Police Station Lisadigate, District Meerut. 4. The FIR of the matter was lodged on 02.08.2025 by the victim against the applicant and two other persons alleging therein that she was in love affair with the applicant and on a promise to marry which was false the applicant established physical relationship with her many times. When she asked him to marry he refused. Subsequently her mother got her married to one Aleem. After three days of marriage, the applicant went to her matrimonial house and told to her husband about their relationship after which she was given Talaaq. He again used to meet her secretly and established physical relationship with her on a promise to marry. When she pressurized him for marriage he refused by stating that he has not arranged money for it, on the same she gave Rs. 1 lakh to him which was kept in her house, since then his phone is switched off. She and her mother then went to the house of the applicant where she met co-accused and told them about the incident on which she and her mother threw her out of the house and threatened 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 present case is a case of consent. It is submitted that the relationship between the applicant and the victim/first informant was a consensual relationship. It is further submitted that the victim is a married major woman aged about 21 years. It is submitted that after the relationship between the applicant Versus Counsel for Applicant(s) : Abhishek Counsel for Opposite Party(s) : G.A. Suhail .....Applicant(s) State of U.P. .....Opposite Party(s) and the victim, she was married to someone else but subsequently she was given Talaaq by her husband and then again their relationship started but some discussion of marriage between them could not materialize and the FIR has been lodged. It is submitted that the FIR in the matter was lodged under Sections 64(1), 352, 351(2) BNS but during investigation Section 64(1) BNS was converted into Section 69 BNS whereas the other sections remain intact. It is further submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 05.08.2025. 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 married major woman. The relationship between the applicant and the victim was a love affair since long, the same appears to be a consensual relationship. She was married to someone else but was given Talaaq by her husband and after Talaaq their relationship started again. 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 Suhail, 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. BAIL No. 31600 of 2025 2 (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 16, 2025 M. ARIF BAIL No. 31600 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad