HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8894 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Mohd. Nafeesh Quraishi, 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.208 of 2012 under Section 60 of Excise Act and Section 419, 420, 468, 469 IPC, Police Station Prem Nagar, District Jhansi. In the prosecution case it is alleged that on the pretext of marriage the applicant had been sexually exploiting the victim for the last three years, although the victim was refusing the same. On 24.06.2025, while the applicant was in a compromising position with the victim, her father came and caught both of them, and thereafter, their marriage was solemnized. Learned counsel for the applicant submits that the victim is 24 years of age as per her statement under Section 180 BNSS, whereas as per radiological examination she is 26 years old. The relationship between the applicant and the victim, lasting for three years, is admitted. The victim is a consenting party, and only because the victim was caught with the applicant by her father, the FIR was registered. He further submits that no case under Section 69 BNS is made out and it is admitted that both have married. In the Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : G.A., Mohd. Nafeesh Quraishi Asif Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) statement under Section 183 BNSS, the prosecution story has been changed; however, it has also been admitted that both have been married. There is lack of corroborative medical evidence, as no abnormality was found in the medico-legal examination of the victim. The applicant has no criminal history and has been in jail since 06.08.2025. It is further submitted that there is no possibility of the applicant 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. Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail and submitted that after the marriage the applicant absconded and did not take the victim with him, which shows that he had no intention to marry the victim. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that in the statement of the victim under Section 180 BNSS the factum of marriage is admitted; the applicant has no criminal antecedents; he is in jail since 06.08.2025; the charge sheet has already been filed; improvements have been made by the victim in the prosecution case; there is lack of corroborative evidence 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. Accordingly, the bail application is allowed. Let the applicant Asif Khan 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, BAIL No. 8894 of 2025 2 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 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 17, 2025 Madhu D.R/P.S BAIL No. 8894 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench