Neutral Citation No. - 2025:AHC-LKO:23097 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1524 of 2025 Applicant :- Ankit Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. And Another Counsel for Applicant :- Dev Mani Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dev Mani Mishra, the learned counsel for the applicant, Sri Anshuman Verma, the learned AGA for the State, Sri Atul Verma, the learned counsel for the informant, who has filed his vakalatnama which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 824 of 2024, under Sections 64, 351(3), 316(2) B.N.S.Police Station PGI, District Lucknow. 3. The applicant was granted interim bail by means of the following order passed on 24.02.2025:- "1. Heard Sri Dev Mani Mishra, learned counsel for the applicant and Sri Rajnish Kumar Verma, learned AGA for State. 2. Learned counsel for the applicant has filed supplementary affidavit wherein the criminal history of the applicant has been explained, same is taken on record. 3. Issue notice to opposite party no. 2 returnable at an early date. 4. Steps within a week. 5. Office to proceed accordingly. 6. The present applicant is in jail since 17.12.2024 in F.I.R. No. 824 of 2024, u/s 64, 351(3), 316(2) BNS, P.S. P.G.I., District Lucknow. It has been submitted that the applicant has falsely been implicated in this case as he has not committed any offence, as alleged. 7. Attention has been drawn towards impugned F.I.R. which was lodged on 16.12.2024 for the alleged incident dated 21.10.2024 without explaining the aforesaid inordinate delay. Learned counsel has stated that the applicant and prosecutrix were living in live-in-relation for some time and were willing to get married but on account of some monetary dispute the impugned F.I.R. has been lodged. The present applicant is ready to pay the prosecutrix the amount which is due on him after verifying the aforesaid allegation. The present applicant shall marry with her at the earliest so that they could live peacefully. The marriage of the real sister of the applicant has been fixed for 1.3.2025 and after aforesaid marriage he shall take necessary steps to get married with the prosecutrix. In the meantime he shall make the payment to the prosecutrix as per the aforesaid undertaking. 8. So as to verify the aforesaid facts the appearance of the complainant / prosecutrix before the Court would be required. 9. List on 23.4.2025. On that date the Station House Office, P.S. P.G.I., District Lucknow shall ensure the presence of complainant / prosecutrix. 10. Learned AGA shall intimate this order to the Station House Officer concerned at the earliest for its compliance. 11. Having heard the aforesaid submission of learned counsel for the applicant, I find it appropriate that the present applicant may be enlarged on interim bail till 23.4.2025. After releasing from the jail he shall abide by his undertaking to the effect that he shall make payment to the prosecutrix and shall marry with her, if she has no objection. 12. Let the applicant Ankit Pandey, involved in aforesaid case crime be released on interim 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant 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 / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) 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 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him / her in accordance with law." 4. In compliance of the aforesaid order dated 24.02.2025, the applicant is present in person and the informant is also present who has been produced by Sub Inspector Pinki from Police Station PGI, Lucknow. The aforesaid case has been registered on the basis of an FIR lodged on 16.12.2024 alleging that the informant came into contact with the applicant through a Tinder dating site in the month of January, 2024. After some time, the applicant had proposed to marry the informant and projected himself to be a chartered accountant. The informant declined the applicant's proposal of marriage but a friendship developed between them and the applicant started visiting her home. After some time, the applicant stated that his house was under renovation and on his request, the informant's mother gave her second house to the applicant on rent. On the request of the applicant, the informant transferred various amounts on various dates in the bank account of the applicant, his mother and sister as well as his friends totaling to Rs. 5,67,301/- on 21.10.2024, the applicant called the informant for handing over keys of the rented accommodation. He offered her some cold drink there, after drinking which she fell unconscious. The applicant raped her. Upon regaining consciousness, the informant found herself without clothes on the applicant's bed. When the informant said that she would lodge a complaint with the police, the applicant threatened that he had clicked obscene photos of the informant and has videographed the incident of her rape and he would post the same on social media sites. Upon making inquiries about the applicant, the informant came to know that he is in a relation with another girl for the past eight years and he had duped several other girls under allurement of marrying them. The certificate of chartered accountant shown by the applicant is also fake. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 27 years having no criminal history and he has been falsely implicated in the present case. 6. A supplementary affidavit dated 23.02.2025 filed on behalf of the applicant discloses his involvement in two other criminal cases. In one of the cases, the applicant's name has been exonerated by the Investigating Officer. In the other case bearing Case Crime No. 448/2024, under Sections 115(2), 351(2), 352 B.N.S., Police Station Mohanlalganj, District Lucknow, the applicant as well as the informant are accused persons. Another supplementary affidavit has been filed on behalf of the applicant stating that the applicant has been granted bail in the aforesaid case in which he is an accused with the present informant. 7. The learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted against the applicant on 21.01.2025. He has produced relevant extract of case diary for perusal of the Court. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated the FIR version. As per educational documents, the date of birth of the informant is 15.02.1998. 8. In the statement of the informant recorded under Section 183 B.N.S.S. also, she reiterated her earlier version. In the additional statement of the informant, in response to a question put by the Investigating Officer as to whether she had consulted any doctor after the applicant had made her drink some cold drink laced with some intoxicating substance, he stated that she was ashamed and, therefore, she did not make a mention of the incident to any person and she did not consult any doctor. It is recorded in the case diary that from perusal of the account statement of the informant, it transpires that the amount stated in the FIR has been transferred from a bank account but detail particulars as to in whose account the amounts has been transferred, are not made in the case diary. 9. The learned AGA as well as the learned counsel for the informant have vehemently opposed the bail application and they have submitted that the allegations levelled against the applicant have been established during investigation. The learned counsel for the informant further submitted that the applicant has duped several girls under pretext of marrying them and he had extracted money from all those girls. Keeping in view the aforesaid conduct of the applicant, he is not entitled to be released on bail. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant claimed to have came into contact with the applicant through a dating website in January, 2024 while she was aged 26 years; the informant was of the age under which he is expected to understand the repercussions and consequences of her actions; the relationship between the informant and the applicant, which initiated through a dating website, lead to affinity between them due to which the informant's mother gave the applicant her house to reside in; the allegation of commission of rape is not supported by the findings of the medico legal examination report and in her additional statement, the informant had stated that she did not consult any doctor and did not inform about the incident to any person soon after the incident; the allegation of preparation of obscene video and photo could not be supported by any material collected during investigation; although the informant claims to have transferred Rs. 5,67,301/-, the amounts are said to have transferred in various bank accounts including the accounts of the applicant's mother, sister and his friends; the informant has not initiated any civil proceedings for recovery of the amount and that the applicant is a young man, he is languishing in jail since 07.02.2025 whereas the investigating already stands concluded, I am of the view that the interim bail granted to the applicant by means of the order dated 24.02.2025 deserves to be made absolute. 11. Accordingly, the present bail application is allowed in terms of the order dated 24.02.2025 and the interim bail granted to the applicant is made absolute. . (Justice Subhash Vidyarthi) Order Date :- 23.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench