Neutral Citation No. - 2025:AHC-LKO:28859 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4211 of 2025 Applicant :- Kausal Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Secy. Lko. Counsel for Applicant :- Ram Asarey Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ram Asarey Verma, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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. 197 of 2025, under Sections 376, 506, 406, 419, 420, 465, 468 I.P.C., registered at Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.03.2025 in furtherance of an application filed under Section 173(4) BNSS filed on 18.07.2024 stating that the informant possess a B.Tech degree and she works at Greater Noida while she was traveling in a train on 17.09.2022 she came in contact with the applicant. She went with him for having a tea in a hotel and thereafter they started talking to each other. The applicant came to the complainant's house and stayed there with her family members in the night of 21.09.2022 and in the following day when the informant was alone in the house the applicant made physical relations with her under allurement of marrying her and he videographed the incident. The applicant had claimed that he works as Loco Pilot. The F.I.R. alleges the informant's father had given Rs.1,50,000/- cash to the applicant for getting his son and daughter employed in railways and thereafter Rs.1,57,260/- were sent through online mode. Numerous other amounts were paid and thereafter the applicant demanded Rs.16,00,000/- for getting the complainant appointed as Junior Engineer in railways and he threatened to spread the obscene video virally. 4. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant had put vermilion on her head and had made physical relations with her consent. Both of them repetitively made physical relations at different places. Thereafter, the applicant extracted huge amounts for getting her employed in railways. 5. The victim declined to undergo medico legal examination. 6. In her statement recorded under Section 183 BNSS the victim reiterated her earlier version. 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 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 25.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has levelled allegation of making physical relations by the applicant under allurement of marrying her, she has declined the medico legal examination; that the victim herself claims that huge amounts of money was given in several installments for procurement of public employment through illegal means and it appears that the F.I.R. has been lodged when she remained unsuccessful in this illegal endeavour; that the applicant has no previous criminal history and he is languishing in jail since 21.03.2025 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-Kausal 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 :- 16.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench