Nusrat Ali vs State of U.P.

This bail application under Section 483 of B.N.S.S. has been filed by the applicant Nusrat Ali, seeking enlargement on bail during trial in connection with Case Crime No. 114 of 2025, under Section(s) 87, 64 B.N.S. registered at P.S. Linepar, District- Firozabad.

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The F.I.R. of the matter was lodged on 22.5.2025 by Pramod Kumar against the applicant alleging therein that his daughter had gone from the house without telling anyone regarding which he has got a report lodged at the police station on 13.5.2025 and now he has come to know that his daughter used to talk to a boy named Nusrat who has enticed her away.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim went from the house on 13.5.2025 regarding which a missing report is said to be filed. It is submitted that subsequently after 09 days of the incident name of the applicant surfaced in the matter and then F.I.R. has been lodged on 22.5.2025. It is submitted that the victim during investigation states that she is a married girl and she was in love with the applicant and

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BAIL No. 29600 of 2025

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used to talk to each other. She further states that on call of the applicant she went to meet him at Jain temple and from there they went to Delhi and stayed in a rented room where physical relationship was established with her by the applicant without her consent. It is submitted that the present case is a case of consent. It is submitted that the victim while going with the applicant to Delhi did not raise any objection or resentment. It is further submitted that the victim was a married woman but even then she went to meet the applicant and accompanied him to Delhi without any objection and resentment. It is argued that the applicant has no other criminal antecedents as stated in para-21 of the affidavit and is in jail since 23.5.2025.

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

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After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major girl. The victim and the applicant were in love with each other. The victim was married after which the applicant called her to meet him on which she went to meet him. They went to Delhi and stayed there in a rented room. There does not appear to be any resentment or objection raised by the victim.

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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- Nusrat Ali, 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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BAIL No. 29600 of 2025

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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 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.

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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 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.

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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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(Samit Gopal,J.)

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September 16, 2025 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Nusrat Ali v. State of U.P.

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Nusrat Ali v. State of U.P.

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