HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8653 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. 2. Learned counsel for the applicant submits that, as per the prosecution case, the victim, who was already a major in 2017, has been in a consensual physical relationship with the applicant for the past eight years. It is argued that a false and concocted story has been set up, leading to the lodging of the FIR. 3. It is further submitted that the essential ingredients to attract Section 69 BNS are missing. There is no allegation that the applicant, from the very inception, had no intention to marry or that he employed deceitful means. It is also pointed out that the victim declined to undergo medical examination. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Upon due consideration of the judgment of the Hon’ble Supreme Court in Pradeep Kumar Kesarwani v. State of U.P., 2025 SCC OnLine SC 1947, the varied statements of the victim recorded under Sections 161 and 164 Versus Counsel for Applicant(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mohd. Saleem Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Cr.P.C., the absence of corroborative medical evidence, and the fact that the ingredients necessary to attract Section 69 BNS appear to be missing, coupled with the fact that the victim is about 29 years of age and the applicant, who has no criminal history, is in custody since 08.08.2025, I find it to be a fit case for grant of bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Mohd. Saleem Khan involved in case crime No.109/2025, Under Section: 69 BNS & Section 3/4 of Dowry Prohibition Act, Police Station- Utraula, District- Balrampur, 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 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 BAIL No. 8653 of 2025 2 proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. 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 15, 2025 R.C. BAIL No. 8653 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench