Aman Nishad Vs State of U.P.

Neutral Citation No. - 2025:AHC:114461

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18173 of 2025

Applicant :- Aman Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Akash Kumar Verma, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Aman Nishad , seeking enlargement on bail during trial in connection with Case Crime No. 370 of 2025, under Sections 69, 115(2), 352 B.N.S., Police Station Gulariha, District Gorakhpur.

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The first information report of the present matter was lodged on 01.05.2025 by the victim against the applicant alleging therein that she was married around four years back with Sonu Rajbhar but after settlement in the matter in writing they separated. On 29.04.2025 she along with her mother went to attend a pooja where she met the applicant and since the last one year had been talking to him. He stated of marrying her and established physical relationship with her. He refused marriage with her. The incident is of 01.05.2025 at about 10:30 am. A report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major and a married woman. It is submitted that victim has separated from her husband around four years back. It is submitted that the relationship between the victim and the applicant was on some discussion of marriage which could not materialize and in the meantime there was physical relationship between them. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 02.05.2025.

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Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman who has separated from her husband since the last four years. She came in contact with the applicant around a year back and on a discussion of marriage physical relationship was established

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between them. The factum of marriage between the applicant and the victim could not materialize, hence, the present first information report has been lodged.

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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.

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Let the applicant- Aman Nishad , 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:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(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.

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(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.

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(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 B.N.S.S., 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 B.N.S., 2023.

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(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 B.N.S.S., 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 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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.

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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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Order Date :- 16.7.2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Aman Nishad v. State of U.P.

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