Neutral Citation No. - 2025:AHC-LKO:34373 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4981 of 2025 Applicant :- Shivpujan Lodh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Surya Prakash,Arsh Bugga Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Shri Arsh Bugga, learned counsel for the applicant, learned AGA for the State and perused the record. As per the prosecution case, the victim and the applicant were in physical relationship for the last two years and the family members of both the sides were ready for the marriage. However, at the time of marriage, the applicant refused to marry the victim. Learned counsel for the applicant submits that at no point of time, the applicant has promised to marry the victim. He further submits that the statements of the victim recorded under Sections 180 and 183 BNSS are at variance. It is further submitted that the FIR has been registered against the applicant so that he gets ready to marry the victim. In the statement of the victim under Section 183 BNSS, the ingredients of the offence under Section 69 B.N.S. are clearly missing. He also submits that the victim is major. The medical evidence does not corroborate the case of the prosecution. Moreover, the applicant has no criminal history and he is languishing in jail since 27.4.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, period of incarceration so also the statements of the victim under Sections 180 and 183 BNSS; the ingredients of Section 69 B.N.S. as well as the fact that the applicant has no criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Shivpujan Lodh involved in Case Crime No. 147 of 2025, under Sections 69, 351(3) B.N.S., Police Station- Phardhan, District- Lakhimpur Kheri, 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 :- 3.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench