HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1643 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0553 of 2024, under Sections 69, 115(2), 352 BNS, P.S. Ghazipur, District Lucknow. 3. In the prosecution case it is alleged that informant was having friendship with the applicant for the last 2 years and on the pretext and promise of marriage made physical relations several times with the informant. Informant believed that he will marry with the informant however, when informant asked him to marry he evaded and often beat the informant and also abused her. 4. Learned counsel for the applicant submits that informant is the victim in this case. As per F.I.R., the relationship between the two was for the last three years. As per the statement under Sections 180 & 183 BNSS she has improved the prosecution version and a relationship is alleged to be subsisting between the two for the last four years. There is lack of corroborative medical evidence in support of prosecution case. He submits that victim is major, the relationship between the two at the best can be said to be consensual. Victim could have lodged the F.I.R. earlier if that was the case. It is a case of false implication. He submits that the Versus Counsel for Applicant(s) : Bhup Chandra Singh, Abdul Raheem Khan Counsel for Opposite Party(s) : G.A. Chhotu Kashyap .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) applicant is in jail since 30.12.2024. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 30.12.2024 having no criminal history, charge-sheet has been filed, statement of the victim under Sections 180 & 183 BNSS, improvement made in the prosecution case and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Chhotu Kashyap be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. 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. (v) 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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). BAIL No. 1643 of 2025 2 (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). August 27, 2025 Saurabh Yadav/- BAIL No. 1643 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench