HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8862 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. 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.0451 of 2025 under Section 69, 115(2), 352, 351(3) BNS, Police Station Thakurganj, District Lucknow. In the prosecution case it is alleged that for the last six years, Jamal, the applicant, has been having physical relations with the informant. He is alleged to have sexually exploited her on the pretext of marriage and also promised to purchase a house for her in Gaughat. However, now Jamal has neither married her nor fulfilled his promise of purchasing the house. Learned counsel for the applicant submits that the victim is already married and has a daughter, therefore, no case under Section 69 BNS is made out. It is further submitted that the applicant is innocent and has no criminal antecedents. The victim is a tenant of the applicant and has falsely implicated him in order to avoid payment of rent. The applicant is in jail since 04.08.2025. It is further submitted that there is no likelihood of the applicant fleeing from Versus Counsel for Applicant(s) : Mohammad Irfan Siddiqui Counsel for Opposite Party(s) : G.A. Jamal .....Applicant(s) State Of U.P. Thru. Prin Secy. Deptt. Lko. .....Opposite Party(s) justice or tampering with prosecution witnesses. In case he is released on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the factual submissions advanced by the learned counsel for the applicant. I have considered the submissions advanced on behalf of the parties and perused the record. On due consideration to the statement of the victim which prima facie does not disclose that from the very inception the applicant had no intention to marry her or that he employed deceitful means; the essential ingredients of the offence under Section 69 BNS are prima facie not attracted; coupled with the fact that in her statements under Sections 180 and 183 BNS also the necessary ingredients are lacking, the applicant is in jail since 04.08.2025 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 Jamal 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. 8862 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 16, 2025 Madhu D.R/P.S BAIL No. 8862 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench