HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8057 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.113 of 2025 under Sections 74, 69, 351(2), 352 BNS and Section 67 IT Act, Police Station Nawabganj, District Gonda. 3. It is alleged in the FIR that about a year ago, the applicant, who is related to the father of the informant, obtained her mobile number and spoke to her on a few occasions. It is further alleged that during a marriage ceremony in the village, the applicant took her photograph and by creating a forged and objectionable video from the same, made it viral on Instagram and other social media platforms. For the last one year, the applicant has been pressurizing the victim to marry him. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is argued that no allegation of rape has been made in the FIR against the applicant. During investigation, no obscene or viral photograph or video has been recovered by the Investigating Officer. In the statement under Section 180 BNSS also, no allegation of rape has been levelled. However, while giving statement under Section 183 BNSS, for the first time, an improvement was made and an allegation of rape was introduced. Versus Counsel for Applicant(s) : Manoj Kumar Misra Counsel for Opposite Party(s) : G.A. Jitendra Kumar Alias Veeru .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. It is further submitted that in the medical examination of the victim, no external or internal injury was found. On the contrary, the case of the applicant is that from time to time he had financially assisted the victim, and copies of the payment receipts made by the applicant in favour of the victim and her brother have been filed as Annexure-6 to the bail application. It is contended that when the applicant demanded his money back, the present FIR was registered against him. The applicant has no criminal antecedents. The charge-sheet in this case has already been filed. The applicant undertakes to cooperate in the trial. 6. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 7. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 8. On due consideration of the facts that the applicant is in jail since 07.06.2025; the charge-sheet has already been filed in the matter; the applicant has no criminal antecedents; the victim is major; and there are variations in 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. 9. Accordingly, the bail application is allowed. 10. Let the applicant Jitendra Kumar Alias Veeru 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. BAIL No. 8057 of 2025 2 (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). August 27, 2025 Madhu D.R/P.S BAIL No. 8057 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench