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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33220 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.375 of 2025 under Sections 69, 351(2), 351(4), 3(5), 61(2) of B.N.S., Police Station Sadar Bazar, District Saharanpur. 3. According to the F.I.R., the informant/victim has alleged that the applicant on the pretext of marriage had made illicit relations with her and when she asked the applicant to solemnise marriage, the applicant once came with his family to her house but had stated that his family members are not ready. He assured her that he would convince his family members and again on the pretext of marriage he started talking with her and he used to call her to meet him but later on he again refused to marry. 4. Learned counsel for the applicant has contended that the victim in her statement recorded under Section 180 of B.N.S.S., has specifically stated that she knows the applicant for the last18 months and the applicant visited her house along with his family members to see her but his family members had gone giving assurance that they will intimate and after a considerable time, the applicant assured that he will convince his family members on such assurance physical relations were also developed. Learned counsel has also drawn attention of this Court to the statement of the victim recorded under Section 183 of B.N.S.S.,. wherein the victim had merely stated that the applicant alongwith his family came to see her but after two days, again the applicant assured that his family members would convince his family members, on such pretext, he made physical relations. Learned counsel for the applicant has submitted that only talks of marriage took place and when the same could not be materialised, not only the applicant but his entire family members have been falsely implicated in the present case. Learned counsel also argued that there was no promise to marry and therefore the applicant has been victimised of Versus Counsel for Applicant(s) : Dhiraj Kumar Pandey Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
false accussation.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 01.09.2025. 5. Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant Deepak Kumar be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. October 9, 2025 S.Ali BAIL No. 33220 of 2025 2 (Dr.
Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad