HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35022 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Sri Zainulabdin, learned counsel has filed his power on behalf of the informant today in the Court, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The accused applicant is involved in Case Crime No.328 of 2025 under Sections 69, 115(2), 191(2), 351(2), 352 of B.N.S., Police Station Swar District Rampur. 4. Learned counsel for the applicant has submitted that the victim in her statement recorded under Section 183 of B.N.S.S. has stated that the applicant is the brother of her sister-in-law (Bhabhi), who had an evil eyes upon her. She has also stated that on 13.08.2025 the applicant came to her house and started committing wrong with her, when she raised alarm, her sister-in-law (Bhabhi) came, who in order to save him got her Nikah with the accused applicant but no receipt has been given. Learned counsel further argued that the victim is major and according to her statement recorded under Section 183 of B.N.S.S., it appears that the victim is a consenting party and when her sister-in-law saw them in an objectionable position, the victim in order to save herself raised alarm. Learned counsel also argued that since Nikah had also taken between the victim and applicant, therefore, no offence under Section 69 of B.N.S is made out against the applicant. Learned counsel further argued that the applicant has been falsely implicated in the present case due to ulterior motive. 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 Versus Counsel for Applicant(s) : Brijesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Nahid .....Applicant(s) State of U.P. .....Opposite Party(s) 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 28.08.2025. 5. Learned AGA as well as learned counsel for the informant have 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 Nahid 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. (Dr. Gautam Chowdhary,J.) October 10, 2025 S.Ali BAIL No. 35022 of 2025 2 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad