Neutral Citation No. - 2025:AHC-LKO:8194 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1201 of 2025 Applicant :- Varun Rawat Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Raj Kumar Ojha,Ajit Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Ms. Jooli Kumari, Advocate has put in appearance on behalf of the complainant by filing vakalatnama and the same is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 3 of 2025, under Sections 69,115(2),352,351(2) B.N.S., Police Station- Chinhat, District- Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the FIR has been lodge under misconception as the applicant and the alleged victim have already performed marriage and the same has also got registered with the office of Marriage Registration Officer, Lucknow. He also submits that the applicant and the alleged victim/informant are living as husband and wife and there is no dispute in between them. He further submits that the applicant has no previous criminal history and he is languishing in jail since 17.1.2025. He submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned counsel appearing for the complainant has also supported the version of the learned counsel for the applicant and submits that under some misconception, the alleged victim has lodged the FIR, though both the applicant and the victim have performed the marriage and they are living as husband and wife. Further submitted that if the applicant is not released on bail, the marital life of the victim would be ruined. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid, but he has no objection, if the applicant and the alleged victim have performed the marriage. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the FIR has been lodged by the alleged victim, though subsequently, she has performed marriage with the applicant and the marriage has also got registered and as per the statement of both the parties on the basis of their instructions, they are living as husband and wife; the applicant is languishing in jail since 17.1.2025 and he has no previous criminal history coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Varun Rawat involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 7.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench