Neutral Citation No. - 2025:AHC-LKO:49289 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7662 of 2025 Applicant :- Ashvani Kumar Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A., Rahul Dwivedi Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, Mr. Rahul Dwivedi, learned counsel for the complainant who has filed vakalatnama 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 applicant has trapped the victim on the pretext of marriage and due to the coercion of the applicant, first marriage of the victim was dissolved five years ago. He gave assurance of marriage. On that pretext, he has been continuously exploiting and forcefully raping the victim and has been taking money from her by blackmailing her by recording obscene videos. When the victim made pressure of marriage on the applicant, he has denied the marriage with her. 3.Learned counsel for the applicant submits that the applicant is 33 years old. The victim is already married to Ravi Pandey and she is having a 12 year old son, Harshit. The victim is aged about 38 years. It is submitted that there are contradictory statements of the victim under sections 180 and 183 BNSS. The address of the victim in the statement under section 180 BNSS is distinct from the address mentioned int he first information report. In her statement under section 183 BNSS, she has stated that she is working in Noida. It is submitted that the victim did not disclose her parental/original address in the statement under section 180 or to the applicant. The victim is Fufari sister of Himandhu Tiwari who is living in the village of the applicant. The family members of the victim did not disclose the previous marriage and the child of the victim at the time of settlement of marriage with the applicant and later on when the parents of the applicant came to know this fact, then they became annoyed and refused this marriage because the applicant is the only son of his parents. It is submitted that it is the victim who has concealed the permanent address from the applicant so that the applicant cannot find out the background of the victim who also concealed her permanent address in her both the statements. No obscene video of the victim has been recovered by the investigating officer. The allegation of the victim against the applicant to viral her obscene video is false and concocted. No offence under Section 69 BNS is made out. It is a case of false implication. The applicant has one criminal antecedent which has been explained in para 26 of the bail application. The applicant is in jail since 16.5.2025. 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 complainant's counsel opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case,varied statements of the victim under sections 180 and 183 BNSS, lack of corroborative evidence, 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 Ashvani Kumar Dwivedi, involved in Case Crime No.156 of 2025 under sections 69, 191(2), 115(2), 333, 351(2) BNS Act, P.S. Unchahar, district Rae Bareli 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 :- 22.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench