HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8043 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Anil Kumar Singh, learned Advocate who has filed vakalatnama which is taken on record. 2. In the prosecution case, it is alleged that the informant was married to Asheesh Kumar, the elder brother of the applicant, on 29.02.2016. Asheesh Kumar died in a train accident on 02.10.2016, after which the informant continued to live with her in-laws. It is alleged that the applicant established physical relations with the informant on the pretext of marriage. Later, when the informant proposed marriage, her father-in-law allegedly demanded dowry, which her father refused to provide. Thereafter, she was expelled from her matrimonial home on a false pretext. 3. Learned counsel for the applicant submits that the victim was a major, and the alleged incidents had been occurring since 2016, whereas the FIR was lodged only in 2018. Even if the prosecution version is accepted in its entirety, at best it reflects a consensual relationship between two adults. The applicant has no previous criminal antecedents. Moreover, no offence under Section 493 IPC is made out, as it is not the case of the prosecution that the victim was misled into believing that she was lawfuly married or that such inducement was the basis for establishing physical relations. 4. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Manish Vaish Counsel for Opposite Party(s) : G.A. Manish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail. 6. On due consideration to the delay in lodging the FIR, the ingredients of Section 493 IPC, the absence of any criminal antecedents, the filing of the charge sheet, and the fact that the applicant is in custody since 06.06.2025, this Court finds it to be a fit case for granting bail to the applicant. . 7. Accordingly, the bail application is allowed. 8. Let the applicant Manish Kumar involved in Case Crime No. 0186/2018, Under Sections 493, 376 and 506 IPC, Station- Lalganj, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 8043 of 2025 2 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 IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. August 27, 2025 R.C. BAIL No. 8043 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench