Neutral Citation No. - 2025:AHC-LKO:26996 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3979 of 2025 Applicant :- Sarwan @ Sarwan Kumar Opposite Party :- State Of U.P. Thru. Principal Secretary Home Lko Counsel for Applicant :- Girish Kumar Pandey,Chandrika Rani Upadhyay,Tripuresh Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Girish Kumar Pandey, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0027 of 2025, under Section 69 B.N.S., registered at Police Station Hanswar, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.02.2025 stating that the applicant had repetitively made physical relations under the allurement of marrying the informant. Thereafter, he has declined to marry her. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she is aged about 24 years, she used to talk to the applicant through phone for the past three years. The applicant visited her home on 01.01.2025 and raped her for two days stating that he would marry her but thereafter he declined to marry her. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she reiterated her earlier version and she categorically stated that during two days when the applicant had stayed her home, she had gone to his room out of her own freewill and has made physical relations with her freewill and the applicant did not use any kind of force against her. Thereafter, the applicant declined to marry her on the pretext that she talks to some other boy. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 23 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 22.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has herself stated her aged to be 24 years, whereas the age of the applicant is about 23 years, she has categorically stated that she has made physical relations with the applicant out of her freewill as they were in a relationship for the past three years and the applicant has subsequently declined to marry her on the pretext that she talks to some other boy, from which it does not appear that since inception the intention of the applicant was to deceive the victim or not to marry her; that the applicant is a young man having no previous criminal history and he is languishing in jail since 21.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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-Sarwan @ Sarwan Kumar be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench