HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8266 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.108 of 2025 under Sections 69, 308(2), 351 (2) BNSS, 2023, Police Station Madeyganj, District Lucknow. In the prosecution case it is alleged that since 2020, the applicant was having an affair with the informant. On the pretext of marriage, the applicant took obscene photographs and videos of the informant. Thereafter, the applicant blackmailed her and established physical relations with her. When the informant asked the applicant to marry her, he refused and further threatened to viral the obscene photographs and videos on social media. Learned counsel for the applicant submits that the relationship between the applicant and the informant was admittedly consensual. The allegation is that after September 2024, the applicant threatened and blackmailed the informant and, on the false pretext of marriage, exploited her. It is further submitted that in her statements under Sections 180 and 183 of the BNSS, the victim alleged that the applicant had blackmailed her and also used her photograph as his status. The phone number of the applicant was also provided under Section 183 BNSS. However, upon a query made by the Investigating Officer, when the victim was approached to produce material Versus Counsel for Applicant(s) : Arvind Kumar Verma, Harish Kumar Counsel for Opposite Party(s) : G.A. Noor .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) in support of her allegations such as proof of viral photographs or blackmail, the victim categorically stated that she had no evidence or material to substantiate such allegations. This is evident from CD No. 7, which is on record. It is also pointed out by learned counsel for the applicant that the victim has refused to undergo medical examination. The applicant has no criminal antecedents. The relationship between the applicant and the informant was consensual. Both are adults. The victim has refused the medical examination. It is simply a case of false implication. No material has been collected by the Investigating Officer to substantiate the allegations. There is nothing on record to suggest any act of extortion or coercion committed by the applicant. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the statement of the victim under Sections 180 and 183 BNSS, lack of corroborative material in support of the prosecution case, coupled with the fact that the applicant has no criminal antecedents, the charge sheet has already been filed, the applicant is in custody since 12.06.2025 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. Accordingly, the bail application is allowed. Let the applicant Noor 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, BAIL No. 8266 of 2025 2 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). (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). September 2, 2025 Madhu D.R/P.S BAIL No. 8266 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench