HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32841 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Amit Kumar Srivastava, learned counsel for the applicant and Shri S.K.Rai, learned A.G.A.-Ist, representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Sanjeev Kumar, seeking enlargement on bail in Case Crime No. 244 of 2025, under Sections- 64 (2) (m), 351 (3), 352 B.N.S. Police Station-Fatehganj West, District-Bareilly. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.07.2025. First Information Report has been lodged on 04.06.2025 for an offence occurred on 10.05.2025, with a delay of 24 days, without any plausible explanation for the delay, with the allegation that the applicant and the victim were known to each other. After marriage of the victim with one Ravi Maurya, the applicant used to send vulgar messages to the victim. On the date of incident i.e. 10.05.2025, the applicant called the victim in Hotel and forcibly established sexual relationship with her. The victim in her statement under section 180 B.N.S.S. has supported the version of the First Information Report. She modified her version in the statement under Section 183 BNSS by stating that the applicant has several times sexually assaulted her. Learned counsel for the applicant submits that the real fact is that the marriage of the victim was solemnized with one Ravi Maurya in the month of March, 2025 and after quarrel she has left her matrimonial home. Learned counsel for the applicant submits that the owner Versus Counsel for Applicant(s) : Amit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sanjeev Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) of the Hotel in his statement has stated that the room was booked by the victim in her name. There is no evidence of sending vulgar messages to the victim. He further submits that the victim is major. It is a case of consensual relationship. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed the bail application but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sanjeev Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 24, 2025 Deepak/ BAIL No. 32841 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad