Neutral Citation No. - 2025:AHC-LKO:34437 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5094 of 2025 Applicant :- Manish Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ravindra Bajpai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0081 of 2025 under Sections 354, 452, 506, 376 I.P.C. Section 3/4 Dowry Prohibition Act vis.a.vis (74, 351(2)(3), 333 of B.N.S. 2023), Police Station Sakran, District Sitapur. As per the prosecution case, the daughter of the informant, aged about 27 years, had gone to attend a marriage ceremony at the residence of the accused persons on 07.06.2023, where she stayed for one week. It is alleged that on 07.06.2023, at around 10:00 p.m., while she went to attend the call of nature, the applicant allegedly caught hold of her, dragged her into a room, committed obscene acts, took objectionable photographs on his mobile phone, and outraged her modesty by threatening to make the photos viral. When the victim narrated the incident to her sister and others, Akhilesh and Dinesh, along with other family members, assured that Manish, the applicant would marry her. Thereafter, Manish frequently visited her home and stayed for 2–4 days at a time, and due to his relation as the brother of her son-in-law, the family did not object. On 13.03.2025, around 10:00 p.m., on hearing the sound of someone in the backyard of his house, he and other people of the house shouted who it was, then Manish started running towards the east. Hearing the noise, many people of the village ran after him and caught Manish at a distance of about 800 meters from the village. On being informed, Manish's uncle Dinesh and brother Dhanesh came on 14.03.2025 and promised to arrange the marriage after Holi. However, on 16.03.2025, Dinesh and Akhilesh allegedly demanded a four-wheeler and cash as dowry. On 20.03.2025, they refused to marry on the pretext that the victim is mentally disturbed. Learned counsel for the applicant submits that the co-accused has been granted anticipatory bail by the learned Sessions Court. The bail order dated 29.04.2025 is annexed as Annexure-4 to the bail application. He further submits that a perusal of the statement of the prosecutrix recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as well as the overall prosecution case, indicates that the applicant has been falsely implicated. It is pointed out that the alleged incident took place on 07.06.2023, yet the First Information Report was lodged only on 03.04.2025, after an unexplained delay of nearly two years. It is submitted that the applicant has been falsely roped in solely because he refused to marry the victim. It is further submitted that the victim is a major, and the applicant is younger than the victim. Learned A.G.A. has opposed the bail application. Perused the record. On due consideration to the submissions advanced, perusal of the record, also considering the facts that the delay in lodging the First Information Report and lack of explanation in the prosecution case for the delay, lack of corroborative evidence coupled with the fact that the applicant has no criminal history, he is in jail since 29.4.2025, and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, bail application is allowed. Let the applicant, Manish Kumar Awasthi involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 4.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench