HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9809 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.135 of 2024 under sections 376, 515, 323, 504 and 506 IPC, P.S. Shridutt Ganj, District Balrampur. 3. Initially, the accused applicant was granted bail vide order dated 04.08.2025, however, the same was cancelled vide order dated 8/9/2025, mainly on the ground that, despite the applicant agreeing to marry the victim, was now resile from the said statement. In the said order, it was made open to the applicant to press for fresh bail before this court. 4. Counsel for the applicant draws my attention to the first information report wherein the allegations were levelled that the informant was enticed by the applicant, and on the false pretext of marriage, for the last 4 years physical relations existed; subsequently, the victim also became pregnant and the child was aborted, and now the applicant was refusing to marry her. 5. The counsel for the applicant states that, in terms of the FIR, the victim, aged about 26 years, was admittedly in relationship with the applicant for the last 4 years. 6. The counsel for the informant, on the other hand, argues that, despite the Versus Counsel for Applicant(s) : Ripu Daman Shahi, Iqbal Ahmad Counsel for Opposite Party(s) : G.A., Bhoopal Singh, Udai Pratap Yadav Mairaj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) rejection of bail, the applicant was threatening the victim, for which complaints had been filed before the police station concerned, a copy whereof is taken on record. 7. Considering the arguments of both parties, prima-facie in terms of the FIR registered on 6/11/2024, it was stated that, on false pretext of marriage, physical relations continued over a long span of 4 years. The offense under sections 69 BNS does not an offense when the physical relations were formed for the first time, allegedly, on the false pretext of marriage. Thus, considering the age of the victim to be 26 years, the applicant, who has been in custody since 6/11/2024 to 21/1/2025 and 8/9/2025 onwards, and has no criminal history, is entitled to bail. In view thereof, the bail application is allowed. 8. Let the applicant Mairaj be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 10, 2025 VNP/- BAIL No. 9809 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench