Neutral Citation No. - 2025:AHC-LKO:28228 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4124 of 2025 Applicant :- Subhash Kumar @ Subhash Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Dept. Counsel for Applicant :- Sunendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sunendra Kumar, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State and Sri Sanjay Kumar Yadav, Advocate who has put in appearance on behalf of the informant and 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. 223 of 2025, under Sections 69, 351(3), 88 B.N.S., registered at Police Station Dewa, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.04.2025 against the applicant, his father and mother stating that the applicant is related as jija (sister's husband) of the informant. He took the informant to Lucknow on the pretext of working there. The applicant got her engaged as a domestic help and he started keeping her as his wife. Under the allurement of marrying her the applicant kept on raping her and when she got pregnant and asked the applicant to marry her he gave her some injections and medicines due to which she suffered bleeding for several days. The applicant had raped the informant in her house in the month of February, 2025 also but thereafter he declined to marry her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 21 years. While she used to work at Lucknow the applicant made her drink some intoxicating substance and when she regained consciousness she felt that something wrong has been committed against her. The applicant stated that he would marry her and thereafter it continued for two years. The applicant used to visit the informant at her residence also and used to commit the misdeed there. Thereafter, the applicant stopped communicating with her. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 BNSS she stated that she had gone to Lucknow in the year 2021 and stayed in the house of her sister (the applicant's wife). The applicant had cooked chicken and had added some intoxicating substance in it and thereafter the applicant raped her. The applicant repetitively raped her under the allurement of marrying her and thereafter he declined to marry her. 7. In the affidavit filed in support of bail application it has been stated that the applicant 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 and the learned counsel for the informant have opposed the prayer for bail and the learned A.G.A. has submitted that the investigation is still pending. 9. The learned counsel for the informant has submitted that the applicant has made physical relations with the informant under the allurement of marrying her and thereafter he declined to marry her, as such, he is not entitled to be enlarged on bail by this court. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has stated her age to be 21 years and as per the F.I.R. the incident took place about two years ago when the applicant would have been about 19 years of age, as such, she is a major; that the applicant is husband of the informant's cousin and the informant knew that the applicant was married since inception of her relations with the applicant and yet she made physical relations with him repetitively under the hope of marriage, however, being already married the applicant cannot marry the informant; that the applicant has no previous criminal history and he is languishing in jail since 16.04.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Subhash Kumar @ Subhash Gautam 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 :- 14.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench