HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7871 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that the incident is allegedly of 6.4.2025, however, the first information report has been lodged on April 28, 2025 after delay of 22 days. The victim is 27 years old educated lady. According to the first information report, the incident took place in hotel K.K. Continental, however, statement of the Manager of the hotel does not support the prosecution story. The applicant has never visited the hotel. Statement of the victim under sections 180 and 183 BNSS shows that both were in consensual relationship and on several times, money was paid by the accused applicant to the victim. Only because, the applicant's marriage has been fixed, it appears that the applicant has been falsely implicated. The victim has refused to undergo internal medical examination. The evidence of money transfer from the bank account of the applicant to the bank account of the victim is on record. The applicant has no previous criminal history. The applicant is in jail since 30.4.2025. 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. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Ashish Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the victim is major, statements of the victim under sections 180 and 183 BNSS shows improvement made by the victim, statement of father and brother of the victim has also been recorded which prima facie do not support the prosecution case as also the statement of the independent witness, charge sheet has been filed, 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 Ashish Kumar Singh, involved in Case Crime No.355 of 2025 under sections 64(1), 351(3), 318(4) BNS, P.S. Kotwali Sadar, district Lakhimpur Kheri, 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) BAIL No. 7871 of 2025 2 (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. August 26, 2025 kkb/ BAIL No. 7871 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench