Neutral Citation No. - 2025:AHC-LKO:28835 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4206 of 2025 Applicant :- Anuj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vaibhav Shukla,Roshan Babu Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vaibhav Shukla, learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate-I 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. 267 of 2024, under Sections 376, 323 I.P.C., registered at Police Station Sangramgarh, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.11.2024 stating that the informant had got married to the applicant's elder brother Yogesh Singh in the year 2013. Due to the several ups and downs that occurred in her life she got disturbed. The applicant who is younger brother of the informant's husband stood by her to support her. Believing the applicant the informant started living with him and the applicant had assured that he would marry her. The applicant repetitively made physical relations with the informant and thereafter he declined to marry her. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she reiterated the F.I.R. version. 5. The medico legal examination report of the victim did not reveal anything of significance. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that while she was alone in her house and her husband was not there on some night in the year 2018, the applicant came to her in the mid of the night. The informant was in deep sleep and she felt that her husband had come to her. The applicant made physical relations with her while her mother in law and husband were outside. 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 but and he has submitted that allegations have been established during investigation and a charge sheet has been submitted on 29.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R. version the informant was married for the past eleven years with the applicant's elder brother yet she claims to have repetitively made physical relations with the applicant under a belief that he would marry her, whereas no person can marry a woman who is already married and no person can marry the wife of his elder brother; that the applicant has no previous criminal history and he is languishing in jail since 04.12.2024 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- Anuj Singh 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