Neutral Citation No. - 2025:AHC-LKO:41173 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6383 of 2025 Applicant :- Mo. Aajam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Gautam Sadana,Devesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Devesh Srivastava, learned counsel for the applicant, Dr. Surendra Singh, learned A.G.A. for the State and Shri Harsh Tripathi, learned counsel holding brief of Shri Sarvesh Kumar Tiwari, learned counsel has filed Vakalatnama on behalf of complainant/ informant. 2. It has been contended by learned counsel for the applicant that the present applicant is in jail since 23.05.2025 in Case Crime No.41 of 2025 under Sections 69, 115(2), 352 of BNS, Police Station Kotwali Cantt, District Lucknow. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein the exact date of incident has not been indicated and the present applicant is a sole accused. As a matter of fact, the present applicant is in relation with the prosecutrix and is willing to get married with her. He has also informed that on account of his cordial relation with the prosecutrix, he established physical relation with her and now she is pregnant of six months. 4. Learned counsel has stated, on the basis of specific instruction from his client, that as soon as the present applicant is released from jail, he shall marry with her within a month and shall register his marriage before the marriage registering authority. Learned counsel for the applicant has stated that the investigation is going as no chargesheet has been filed. If he is released on bail, he will cooperate in the investigation. 5. Shri Harsh Tripathi, learned counsel appearing for the complainant/ informant has informed, on the basis of specific instruction from the informant, that the informant is having pregnancy of six months from the applicant with whom she is willing to marry. She has been assured by the applicant that as soon as he comes out from jail, he shall marry with her immediately. Therefore, she is willing not to prosecute the applicant as she will file appropriate application before the competent court of law. 6. Learned A.G.A. has, however, opposed the bail application but has submitted that if the applicant and the prosecutrix are willing to live together as husband and wife after getting married, any appropriate direction may be issued in the interest of prosecution. 7. Having heard learned counsel for the parties and having perused the material available on record since the present applicant is admitting that on account of his relation with the prosecutrix, she became pregnant and he will marry with her within a month after releasing from the jail and shall look after her properly as his wife and the prosecutrix is also ready to get married with the applicant. So, I find it appropriate that the present applicant may be released on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant- Mo. Aajam, involved in aforesaid case crime 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 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. (ii) 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/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. 10. It is needless to say that if after releasing from jail, the present applicant does not marry with the prosecutrix and does not follow his undertaking so given by his counsel on his behalf, any appropriate application may be filed on behalf of the prosecutrix or State for cancellation of bail order. Order Date :- 18.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench