Ajay Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:123748

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20407 of 2025

Applicant :- Ajay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Anil Kumar Dubey, learned counsel for the applicant and Sri V.D. Ojha, 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- Ajay , seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2024, under Sections 137(2), 87, 64(1) B.N.S. and under Section 3/4 POCSO Act, Police Station Ramghat, District Bulandshahar.

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The first information report of the present matter was lodged on 03.12.2024 by Rakesh Kumar against the applicant alleging therein that on 26.11.2024 at about 4.30 pm his daughter had gone to purchase slippers but did not return back home. She is aged abut 16 years. She was searched a lot and then it came to be known that the applicant has lured and enticed away her.

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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 during investigation states of going with the applicant out of her own sweet-will and travelling to Hyderabad where they solemnized marriage and were living together as husband and wife. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. reiterates the said version and further states that her marriage was fixed by her parents with some other boy but she has refused marriage which they were not agreeing. It is submitted that the victim as per school records is aged about 17 years. It is submitted that the present case is a case of elopement. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 12.03.2025.

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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 travelled with the applicant to Hyderabad without any

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objection or resistance. The charge-sheet has been submitted. The present case appears to be a case of elopement.

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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- Ajay , 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 :- 28.7.2025 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

Ajay v. State of U.P. and 3 Others

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