HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8999 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. In the prosecution case, it is alleged that the applicant, who resides in the same village as the informant and is the husband of the prosecutrix, was working outside the village. Taking advantage of this situation, he allegedly established physical relations with the victim on 29.06.2025 at about 8:00 p.m., after assuring her of marriage. 3. Learned counsel for the applicant submits that the statements of the victim recorded under Sections 180 and 183 BNSS are inconsistent with the FIR, as material improvements have been made at each stage. It is further pointed out that the victim is a married woman and has been found to be eight weeks pregnant. 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. On due consideration to the fact that the victim is a married lady; in the FIR as well as in her statements under Sections 180 and 183 BNSS, different Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Chander Kumar @ Ram Chander dates of incident have been mentioned at each stage; prima facie the ingredients necessary to attract the offence under Section 69 BNS appear to be lacking, coupled with the fact that the applicant is in custody since 11.07.2025 without any criminal antecedents, I am of the considered view that this is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Chander Kumar @ Ram Chander involved in Case Crime No. 148 of 2025, Under Sections-64, 351 (3) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Bheeti, District- Ambedkar Nagar 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. 8999 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 19, 2025 R.C. BAIL No. 8999 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench