HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8050 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.73 of 2025, under Section 376, 506 Indian Penal Code, Police Station Baghauli, District Hardoi. 3. In the FIR, it is alleged that the applicant had been in a relationship with the victim for the last three years and used to stay at the house of the victim for two to three days at a time, during which both were having physical relations. It is further alleged that on 20.12.2024, after the marriage of the sister of the applicant, he came to the house of the victim, stayed there overnight, and sexually exploited her, and the next morning went back to his home. Thereafter, the applicant refused to marry the informant. 4. Learned counsel for the applicant submits that in her statements under Sections 180 and 183 BNSS, the victim has herself admitted to having a consensual relationship with the applicant. It is further submitted that the victim is a major and the relationship between the parties was purely consensual. The FIR has been lodged after an inordinate delay of approximately two years. There is no corroborative medical evidence to support the prosecution case, nor is there any other material, even short of corroboration, to substantiate the allegations against the applicant. Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Dharmendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 6. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 7. On due consideration of the facts that the applicant has no criminal history; the charge-sheet has already been filed; the applicant is in jail since 05.05.2025; he has undertaken to cooperate in the trial; the victim is major; and considering the statements of the victim under Sections 180 and 183 BNSS 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. 8. Accordingly, the bail application is allowed. 9. Let the applicant Dharmendra 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). BAIL No. 8050 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 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). August 27, 2025 Madhu D.R/P.S BAIL No. 8050 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench