HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32978 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Vivek Kumar Mishra, learned counsel for the applicant, Shri S. K. Rai, learned AGA-I for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Jaibu, seeking enlargement on bail in Case Crime No. 76 of 2025, under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 POCSO Act, Police Station Galshaheed District Moradabad, during the pendency of the trial before the Court below. 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 23.4.2025. earned counsel for the applicant submits that present case has been lodged with the allegation that on the pretext of false promise of marriage, applicant established physical relationship with the prosecutrix prior to 7-8 months. Later, he refused for solemnization of marriage. Learned counsel for the applicant submits that prosecutrix is major. The relationship between the applicant and victim was going on since long, but there was no complaint whatsoever by her at any point of time. Learned counsel for the applicant submits that Hon'ble Supreme Court in the case Mahesh Damu Khare versus The State of Maharashtra and another, reported in 2024 (0) Supreme (SC) 1086 has held as under:- Versus Counsel for Applicant(s) : Dharmendra Kumar Mishra, Vivek Kumar Mishra Counsel for Opposite Party(s) : G.A. Jaibu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) "In our view, if a man is accused of having sexual relationship by making a false promise of marriage and if he is to be held criminally liable, any such physical relationship must be traceable directly to the false promise made and not qualified by other circumstances or consideration. A woman may have reasons to have physical relationship other than the promise of marriage made by the man, such as personal liking for the male partner without insisting upon formal marital ties. Thus, in a situation where physical relationship is maintained for a prolonged period knowingly by the woman, it cannot be said with certainty that the said physical relationship was purely because of the alleged promise made by the appellant to marry her. Thus, unless it can be shown that the physical relationship was purely because of the promise of marriage, thereby having a direct nexus with the physical relationship without being influenced by any other consideration, it cannot be said that there was vitiation of consent under misconception of fact." Learned counsel for the applicant submits that a compromise has been effected between the parties and the same has been collectively brought on record as Annexure-8 to the bail application. Learned counsel for the applicant submits that 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 AGA has vehemently opposed the prayer for bail. Considering all above 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, Jaibu, 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: BAIL No. 32978 of 2025 2 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 Ravi Prakash BAIL No. 32978 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad