Neutral Citation No. - 2025:AHC-LKO:49526 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7735 of 2025 Applicant :- Umesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Uttam Kumar Pathak, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.0294 of 2025 under Section 69, 89, 131, 352, 351(3) BNS, Police Station Safdarganj, District Barabanki. In the First Information Report it is alleged that the present applicant, on the pretext of marriage, obtained a sum of Rs.1,50,000/- from the victim and also sexually exploited her. It is further alleged that she was impregnated on several occasions and was compelled/ administered medicines by him to undergo abortion. Due to such medication, the uterus of the victim became infected in the year 2024. It is lastly alleged that the applicant is now refusing to marry her. Learned counsel for the applicant submits that, as per the statements of the victim recorded under Sections 180 and 183 BNSS, she is aged about 29 years, a married woman, and the mother of two children. It is further submitted that no corroborative evidence has been found in the medical examination of the victim. Learned counsel further submits that the applicant has been falsely implicated in this case. The statements of the victim recorded under Sections 180 and 183 BNSS are at variance. There is no scientific material available from the medico- legal examination of the victim to support the allegation of abortion as mentioned in the prosecution case. The applicant has no criminal history and the charge-sheet has already been filed. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail. Learned A.G.A. submits that in the medico-legal examination of the victim the uterus was not found to be present. In response, learned counsel for the applicant submits that such a condition may be attributable to a number of reasons, but the applicant cannot be directly linked with the same. 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 applicant has no criminal history; he is in custody since 14.6.2025; the charge-sheet has already been filed in the matter; the statements of the victim under Sections 180 and 183 BNSS are at variance; the victim is a married woman and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Umesh Kumar 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 :- 22.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench