HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9406 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Alok Kumar Tripathi, Advocate on behalf of the informant/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./FIR No. 43 of 2025 under Section 115(2), 352, 351(3), 74, 324(4), 64(1) BNS, Police Station Haliyapur, District Sultanpur. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim has given varied versions in her statements recorded under Sections 180 and 183 BNSS and there are material improvements in the prosecution case. It is further submitted that the victim is a major. No abnormality has been found in her medico-legal examination. The allegation that the victim became pregnant is false. It is also submitted that the applicant and the victim both intend to marry each other. It is further submitted that there is no possibility of the applicant of 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. Versus Counsel for Applicant(s) : Avneesh Kumar Shukla, Rama Pati Shukla Counsel for Opposite Party(s) : G.A. Anuj Kumar @ Anuj Dubey .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the bail prayer of the applicant. Learned counsel for the complainant has submitted that the victim herself intends to marry the applicant, therefore he has no objection if the applicant is enlarged on bail. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the varied statements of the victim under Sections 180 and 183 BNSS; the lack of corroborative evidence in the prosecution case; the fact that the applicant is in jail since 22.8.2025; the applicant has no criminal antecedents; as also the statement made on behalf of the complainant, 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 Anuj Kumar @ Anuj Dubey 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 with law. (v) The applicant shall remain present before the trial court on each date BAIL No. 9406 of 2025 2 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 26, 2025 Madhu D.R/P.S BAIL No. 9406 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench