HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8102 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Ashutosh Mishra, learned Advocate who has filed vakalatnama along with counter affidavit on behalf of the complainant which is taken on record. 2. In the prosecution case, it is alleged that the informant was in a relationship with the applicant for the past 13 years. The applicant is said to have harassed the victim on several occasions on the pretext of marriage. On 10.05.2025, the applicant informed the informant that he would not marry her. Thereafter, when the informant met the applicant and his family members, she was subjected to filthy abuses and threats to her life. 3. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim reiterated the same version as narrated in the FIR. However, in her statement under Section 183 BNSS, she made improvements, for the first time, stating that she was in a live-in relationship with the applicant for the past 3-4 years. It is further submitted that the FIR was lodged after an unexplained delay of 13 days. Even if the prosecution case is accepted in its entirety, at best, it indicates a consensual relationship. The victim declined to undergo medico-legal examination. The applicant, who has no criminal antecedents, is in custody since 17.06.2025. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Nandita Bharti Counsel for Opposite Party(s) : G.A., Ashish Kumar Singh, Ashutosh Mishra, Surya Prakash Amit Singh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA and learned counsel for the complainant have opposed the bail application. 6. On due consideration to the improvements made by the victim in her statements, the delay in lodging the FIR, her refusal to undergo medico-legal examination, and the fact that the applicant is in custody since 17.06.2025 without any criminal antecedents, I am of the view that this is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Amit Singh Yadav involved in Case Crime No.201/2025, U/S 69 BNS, P.S.-Gudamba, District-Lucknow, 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. 8102 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. September 1, 2025 R.C. BAIL No. 8102 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench