HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8413 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Notice to respondent no. 2 is dispensed with in view of the proposed order. 3. In the FIR, it has been alleged that the informant was in a love relationship with the applicant and used to speak to him over the phone. On the pretext of marriage, the applicant established physical relations with the informant. It is further alleged that on 03.03.2025 at about 4:00 p.m., the applicant called the informant near the canal and, again on the pretext of marriage, established physical relations with her. However, when she insisted upon marriage, the applicant allegedly threatened to kill her, her family members, and her brother. 4. Learned counsel for the applicant submits that the victim is a major, being about 22 years of age. As per her statement under Section 183 BNSS and medico-legal examination, she has been found to be 25 years old. It is argued that the applicant has no criminal antecedents, and the victim was a consenting party. No corroborative material has been found in the medico- legal examination. Learned counsel has further invited the Court’s attention Versus Counsel for Applicant(s) : Upendra Prakash Pathak, Pooja Yadav Counsel for Opposite Party(s) : G.A. Azmat Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) to the site plan prepared by the investigating officer, showing that the alleged place of incident is a busy area, and considering the alleged time of 4:00 p.m., serious doubt arises regarding the veracity of the prosecution story. It is contended that the applicant has been falsely implicated. The applicant has also explained his antecedent in respect of one case in the supplementary affidavit. He is in custody since 06.03.2025. 5. 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. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Considering that the victim is a major; her relationship with the applicant is admitted; there is lack of corroborative evidence in the prosecution case; the charge sheet has already been filed; and the applicant is languishing in jail since 06.03.2025, this Court finds it to be a fit case for grant of bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Azmat Ali involved in Case Crime No. - 83/2025, Under Section 69, 351(3) Β.Ν.S., Police Station - Rudauli, District-Ayodhya, 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 BAIL No. 8413 of 2025 2 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 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). 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 9, 2025 R.C. BAIL No. 8413 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench