Neutral Citation No. - 2025:AHC-LKO:46366 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7406 of 2025 Applicant :- Adarsh Tiwari @ Happy Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla 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.208 of 2012 under Section 60 of Excise Act and Section 419, 420, 468, 469 IPC, Police Station Prem Nagar, District Jhansi. As per the prosecution case, the applicant, a relative of the complainant, allegedly developed physical relations with her between 01.04.2023 to 07.04.2023 on the false pretext of marriage while her family was away. He later took her to Bela Devi Mandir on 04.05.2023, performed certain rituals, and promised to marry her at an appropriate time. Thereafter, he continued to have physical relations with her but avoided formalizing the marriage. On 08.02.2025, he allegedly told her over the phone that he only wanted her body and had done whatever he intended to do. When the complainant and her father approached the applicant's parents, they were allegedly abused and threatened with death. Learned counsel for the applicant submits that the FIR has been lodged after an unexplained delay of two years. It is further submitted that the victim is a major and is, in fact, the wife of the applicant. During her medical examination, no external or internal injuries were found, and there were no signs suggestive of use of force. Perusal of the statements of the victim recorded under Sections 180 and 183 of the BNSS indicates that the relationship between the parties was consensual and ultimately culminated in marriage. The applicant has already filed a petition under Section 13 of the Hindu Marriage Act, which is pending before the Principal Judge, Family Court, Sultanpur, bearing Suit No. 250 of 2025. No offence under Section 376 IPC is made out from the facts of the case. Even the applicant’s parents, who have no connection with the alleged incident, have been unnecessarily arrayed as accused. The applicant has no criminal history. He is serving in the Indian Air Force and has been in custody since 01.06.2025 without any fault. The charge-sheet in the matter has already been filed. 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 of the facts that the victim is a major; the FIR has been lodged after an unexplained delay of two years; there is a lack of corroborative medical evidence; the applicant has filed a suit under Section 13 of the Hindu Marriage Act, which is pending adjudication; the applicant has no criminal history; the charge-sheet has been filed; and the applicant has been in jail since 01.06.2025 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 Adarsh Tiwari @ Happy 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 :- 8.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench