Neutral Citation No. - 2025:AHC-LKO:45932 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7031 of 2025 Applicant :- Suneel Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A., Prabhat Kumar Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, Mr. Prabhat Kumar, Advocate who has filed vakalatnama for the complainant which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the accused applicant Suneel Kumar Mishra on the pretext of marriage has made physical relationship with the victim and thereafter has refused to marry. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. In her statement under section 180 BNSS, the victim has stated that for the last 7-8 years, she is in relationship with the applicant and are making physical relations on the promise given by the applicant that he will marry. While giving statement under section 183 BNSS, improvement has been made by the victim and it is alleged that obscene video has been made by the applicant and threat has been given to make it viral. No corroborative material such as medical etc. has been found by the prosecution. The victim is 41 years old. The applicant is in jail since 13.6.2025. The applicant has no previous criminal history. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail. On a query made from learned A.G.A., he could not show that any obscene video of the victim has been made. 5.Perusal of the record shows that the victim was divorced in 2012. Admittedly, she is in relationship with the applicant for 7- 8 years. The physical relations as per statement of the victim under section 180 BNSS are for the last three years. 6.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, improvement has been made while giving statement under sections 180 and 183 BNSS by the victim, admittedly, relationship was made for 7-8 years, lack of any corroborative material such as video etc, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Suneel Kumar Mishra, involved in Case Crime No.86 of 2025 under sections 69, 352, 351(2), 351(3) BNS, P.S. Kandhai, district Pratapgarh 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 I.P.C. (now 269 BNS) (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. (now 84 BNSS) 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 7.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench