HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8207 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 Ranan Singh, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. In the prosecution case, it is alleged that the informant was in a love relationship with the applicant for the past six years and on the pretext of marriage, the applicant had sexually exploited her. However, when she asked him to marry, the applicant refused. 3. It has been submitted on behalf of the applicant that in her statement recorded under Section 180 BNSS, the victim herself admitted that she had known the applicant for the last ten years, and the applicant had married five years ago. Despite being aware of this fact, she claimed that the applicant continued to maintain physical relations with her under the pretext of marriage. It is further pointed out that in her subsequent statement under Section 183 BNSS, the victim made improvements. It is also submitted that both the applicant and the victim are married. The applicant is in custody since 23.07.2025 and has no criminal antecedents. 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 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 Versus Counsel for Applicant(s) : Pradeep Kumar Yadav, Ram Prakash Verma, Subhash Pandey Counsel for Opposite Party(s) : G.A. Shiv Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) bail application. 6. Perused the record. 7. It is an admitted position of the prosecution that the victim was aware that the applicant was a married man. Therefore, no offence under Section 69 BNS is made out against him. 8. Having regard to the inconsistencies in the statements of the victim recorded under Sections 180 and 183 BNSS, the absence of corroborative evidence in support of the prosecution version, and considering that the applicant is in custody since 23.07.2025 without any criminal history, I am of the view that this is a fit case for granting bail to the applicant. 9. Accordingly, the bail application is allowed. 10. Let the applicant Shiv Kumar involved in Case Crime No. 196/2025 Under Sections 69 B.N.S. 2023, Police Station Dostpur, District Sultanpur, 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 BAIL No. 8207 of 2025 2 accordance with law. (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 IPC (now Section 209 of BNS). 11. 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. 8207 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench