HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8540 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the applicant on the pretext of marriage used to make physical and sexual relationship with the victim. When the informant went to the house of the accused applicant, he refused to marry and denied to marry daughter of the informant. 3.Learned counsel for the applicant submits that the victim is major. She was a consenting party which is apparent from the statement of the victim under sections 180 and 183 BNSS. It is submitted that breach of promise of marriage is one thing and sexually exploiting the victim on the pretext of marriage is another thing. There is a difference between the two. No case under section 69 BNS is made out.In the statement of the victim under sections 180 and 183 BNSS, she has stated that she made physical relations on her own accord and consent. There is a lack of corroborative evidence in the prosecution case. The applicant is innocent. The applicant has no previous criminal history. The applicant is in jail since 7.8.2025. 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. Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Mohd. Danish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) 4.Learned A.G.A. opposed the prayer for bail and submits that the investigation is going on. The applicant undertakes to cooperate in the investigation. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the statement of the victim under sections 180 and 183 BNSS, lack of corroborative material in support of the prosecution case, 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 Mohd. 6.Let the applicant Mohd. Danish, involved in Case Crime No.160 of 2025 under sections 69, 352 B.N.S., P.S. Aliganj, district Ambedkar Nagar, 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. He will not leave the country without leave of the trial court. (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 under Section 229-A I.P.C. (now 269 BNS) BAIL No. 8540 of 2025 2 (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. September 9, 2025 kkb/ BAIL No. 8540 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench