HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8194 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned counsel for the complainant Ms. Rekha Singh, who has filed vakalatnama which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that both the applicant and the victim are related to each other. It is further alleged that on the pretext of marriage, the victim has been sexually exploited by the accused applicant for the last four years. 3.Learned counsel for the applicant submits that in her statement under section 180 BNSS, the victim has reiterated the allegations made in the first information report, however, improvement has been made. It is also alleged that the accused persons have forcibly aborted her 1 1/2 month fetus by administering some medicine and ousted her from their home on 2.10.2024. In the statement under section 183 BNSS, there is a slight improvement made by the victim. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has no previous criminal history. Relationship between the two is admitted for the last four years. There is no evidence or corroborative material collected by the investigating officer to substantiate the allegation in the prosecution case that the victim was aborted. The victim is already married. Therefore, there was no Versus Counsel for Applicant(s) : Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A., Rekha Singh Ashish Kumar Saroj .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) occasion for the accused applicant to have misled her or to have married her without taking divorce by the victim from her earlier husband. The applicant is in jail since 22.6.2025. 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. and complainant's counsel opposed the prayer for bail. The complainant's counsel has admitted the fact that the victim is married. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, statement given by complainant's counsel regarding marriage of the victim, prima facie it appears to be no evidence of pregnancy collected by the investigating officer during investigation, both are adult, 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 Saroj, involved in Case Crime No.0037 of 2025 under sections 69, 115(2), 352 BNS, P.S. Jethwara, 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 BAIL No. 8194 of 2025 2 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) (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 29, 2025 kkb/ BAIL No. 8194 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench