Neutral Citation No. - 2025:AHC-LKO:46008 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7227 of 2025 Applicant :- Mahesh Rajbhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.168 of 2025 under Section 69, 351(3)BNS, Police Station Ahirauli, District Ambedkar Nagar. As per the prosecution case, it is alleged that the applicant developed physical relations with the victim by gaining her confidence, and later refused to marry her. It is further stated that while the applicant and the victim were together, they were caught by the victim’s husband. Learned counsel for the applicant submits that the victim is a major and married woman. She was married to one Guru Prasad Pandey eight years ago and is the mother of two children. The relationship with the applicant is admitted. It is further submitted that the present FIR has been lodged only because the victim was caught by her husband in the company of the applicant. No offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 is made out. The prosecution story is highly improbable, as it is not legally possible to marry a woman who is already married and has not obtained a divorce from her husband. The applicant is in judicial custody since 20.06.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the statement of the victim recorded under Sections 180 and 183 of the Bharatiya Nyaya Sanhita, 2023, the lack of corroborative medical evidence, the applicant has no criminal antecedents, he has been in custody since 20.06.2025, the charge-sheet has already been filed in the matter, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Mahesh Rajbhar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 IPC (now Section 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 Section 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 of the IPC (now Section 209 BNS). Order Date :- 7.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench