Neutral Citation No. - 2025:AHC-LKO:35325 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5200 of 2025 Applicant :- Mohd. Kashif Khan @ Kasim @ Kashif Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Divyanshu Tripathi,Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.175 of 2025, under Sections 140(3), 64(1), 127(2), 351(3) B.N.S., Police Station Pasgawan, District Kheri, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case as the victim and her family members were pressurizing the applicant for solemnizing marriage with the victim and when the applicant denied, then on the basis of concocted facts F.I.R. of the case in question was lodged. The victim was recovered during the course of investigation and the statement of victim was also recorded under Section 183 of BNS in which she categorically stated that she knew the applicant since last 12 years. The applicant made promise for solemnizing marriage with her and also made physical relations with her several times but he denied to solemnize marriage on one pretext of another and when the victim refused to meet with him, the applicant forcibly took her away and insisted on making live-in-relation with him. He further submitted that the prosecution case is a result of denial of marriage and the applicant is in jail since 05.05.2025. The applicant is having no criminal antecedent and charge sheet has already been filed and there is no possibility of tampering of any evidence. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the prayer of the applicant for grant of bail but he does not dispute this fact that as per the prosecution case, the applicant made physical relations with the victim on the basis of false promise of marriage and thereafter, the victim was taken away by him. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is evident that the statement of victim has been recorded under Sections 180 and 183 of BNS and as the victim in her statement under Section 183 of BNS has categorically stated that she knew the applicant for last 12 years and the applicant promised to solemnize marriage with her and she also made physical relations with him, as such, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Mohd. Kashif Khan @ Kasim @ Kashif - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench