HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8675 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Ajay Pratap Singh-II, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.538 of 2025 under Section 69, 351(3) BNS, Police Station Pura Kalandar, District Ayodhya. In the prosecution case it is alleged that the daughter of the informant, aged about 22 years, used to visit Suhani Beauty Parlour. From there, she allegedly went away with the applicant Akash Tewari. Apprehension has been raised that she was enticed away by the applicant. Learned counsel for the applicant submits that no case under Section 69 BNS is made out. In her statement under Section 180 BNSS, the victim stated that she had been in a relationship with the applicant for the last 4–5 years. She wanted to marry him and was in a physical relationship with him. Later, when the applicant refused to marry her, she was married elsewhere, but the applicant continued to threaten and blackmail her. The victim in her statement under Section 183 BNSS has not leveled any allegation against the applicant that the applicant made physical relation with her on the pretext of marriage. It is further submitted that the ingredients necessary to attract Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A., Abhay Singh, Ajay Pratap Singh Akash Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Section 69 BNS are not satisfied, as it is not the case of the prosecution that the victim was subjected to physical relationship by deceit on the pretext of marriage. He further submits that the applicant has explained the criminal history of one case in paragraph 2 of the supplementary affidavit. Learned A.G.A. and learned counsel for the complainant have opposed the bail application. I have considered the arguments advanced by learned counsel for the parties and perused the record. On due consideration of the facts that the statements of the victim under Sections 180 and 183 BNSS do not disclose the essential ingredients of the offence under Section 69 BNS; the victim is a major; prima facie, the applicant is in jail since 31.07.2025; 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 Akash Tiwari 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, 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 BAIL No. 8675 of 2025 2 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 11, 2025 Madhu D.R/P.S BAIL No. 8675 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench