Asif Vs State of U.P. and 3 Others

Sri Aditya Kumar Verma, Advocate appears on behalf of the first informant/opposite party no.4 and files his vakalatnama today in Court, the same is taken on record.

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Heard Sri Mukul Yadav, learned counsel for the applicant, Sri Aditya Kumar Verma, learned counsel for the first informant, 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 BNSS has been filed by the applicant-Asif, seeking enlargement on bail during trial in connection with Case Crime No.421 of 2025, u/s 137(2), 64(1), 127(3) BNS and 3/4 POCSO Act, P.S. Katghar, District Moradabad.

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The FIR of the matter was lodged on 5.7.2025 by Sharif against the applicant alleging therein that his daughter aged about 17 years is studying in High School. On 22.6.2025 at about 5 a.m. when he woke-up for namaz, he did not find his daughter in the house. He searched her but could not traced her. Later on he came to know that the applicant who is the resident of the same locality has lured and enticed her away. A report be lodged and action be taken.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim during investigation stated that the applicant on the said date and time, took her with him and kept her in a room for three days where he established

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physical relationship with her. The date of birth of the victim as per High School Certificate is 24.7.2007, as such she was aged about 17 years and 11 months at the time of incident. It is further argued that the victim is living at the house of the applicant and both along with their parents are ready to marry each other, para 13 of the affidavit in support of bail application has been placed before the Court. It is further argued that FIR in the matter has been lodged after 13 days of the incident for which there is no plausible explanation, para 7 of the affidavit in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit. The applicant is in jail since 22.7.2025.

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Learned counsel for the first informant is present but he does not oppose the prayer for bail since the parties and their family members are ready for marriage of the applicant and the victim.

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Learned counsel for the State opposed the prayer for bail.

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After hearing the counsel for the parties and perusing the record, it is evident that the FIR has been lodged after an unexplained delay of 13 days. The victim went with the applicant out of her own sweet-will and stayed for three days. There is no opposition for bail by the first informant. Parties and their family members are ready for marriage of the applicant and 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-Asif, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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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