Neutral Citation No. - 2025:AHC-LKO:21271 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3157 of 2025 Applicant :- Chandra Bhan Arya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ranjeet Singh,Rajesh Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ranjeet Singh, the learned counsel for the applicant, Shri Ashok Srivastava, the learned A.G.A. for the State, Shri Raj Kumar Mishra, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.208 of 2024 under Sections 69 B.N.S.S. registered at Police Station- Qaiserbagh, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.12.2024 against the applicant, his father and other unnamed family persons, stating that the informant came in contact with the applicant through a social media App and video call about an year ago. Under allurement of marrying her, the applicant repetitively made physical relations with her for the past one year and thereafter, he blocked communication with the informant. When the informant went to the applicant's house, his family members abused and turned away the informant but the applicant assured that he would marry her soon. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. It has further been stated that the informant is a married woman aged 31 years and has two children. She has filed a civil suit bearing No.1365 of 2024 for divorce by mutual consent under Section 13-B of Hindu Marriage Act on 17.12.2024. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the F.I.R. version but in response to some questions put by the Investigating Officer, she stated that she had got married to Vikas Singh on 07.05.2023 (which date has wrongly been mentioned and as per the learned counsel for the parties it should be 17.05.2013) and she is living separate from her husband since 10.01.2015. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she admitted that she is married and her marriage with her first husband has not been dissolved. 7. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 03.04.2025. 8. Learned counsel for the informant has also opposed the bail application and submitted that the first marriage of the informant already stands dissolved. However, he could not state the date of dissolution of the first marriage of the informant. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has concealed her marital status in the FIR lodged 24.12.2024 and she has also not disclosed that she is a mother of two children; that the informant has filed a suit under Section 13-B of Hindu marriage Act on 17.12.2024 which normally would take a period of six months before it can be decreed and which period of six months would expire on 16.06.2025, which date is yet to arrive; the informant being a married woman of 31 years having two children, made physical relations with a person other than her husband during the subsistence of her marriage which conduct amounts to adultery committed by the informant herself and that the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Chandra Bhan Arya be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 16.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench