HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8777 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 the victim is a major, aged about 21 years. It is urged that she voluntarily went with the applicant and lived with him in a rented accommodation at Lucknow without raising any objection, which demonstrates that she was a consenting party. There is no allegation that the applicant, from the very beginning, had no intention to marry her. 3. It is further submitted that the applicant is a married person and has been falsely implicated in the case. The victim declined to undergo medical examination. The applicant has no criminal antecedents and is in custody since 14.08.2025. 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. Having regard to the judgment of the Supreme Court in Pradeep Kumar Kesarwani v. State of U.P., 2025 SCC OnLine SC 1947, and considering Versus Counsel for Applicant(s) : Ram Saran Awasthi, Abhishek Awasthi Counsel for Opposite Party(s) : G.A. Peer Mohammad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s) the statements of the victim recorded under Sections 180 and 183 BNSS; the ingredients of Sections 69 and 89 BNS appear to be missing; coupled with the fact that the applicant, having no criminal antecedents, is in jail since 14.08.2025, I am of the view that this is a fit case for grant of bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Peer Mohammad involved in Case Crime No.:- 0390/2025, Under Section: 87, 69 BNS, Police Station: - Safdarganj, District- Barabanki, 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 proceedings against him, in accordance with law under Section 174-A IPC BAIL No. 8777 of 2025 2 (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. 8777 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench