HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9730 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 180 of 2025, under Sections 137(2), 87 BNS, Police Station-Aliganj, District-Ambedkar Nagar. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. It is stated that story of the prosecution against the applicant, who is having no criminal history, which has not been opposed by the learned AGA based upon the material on record, is false and concocted. 5. Further stated that the victim, who on her physical appearance appears to be an adult, and applicant were in relationship. 6. It is also stated that the victim on her own volition accompanied the applicant to Delhi and physical relations were not established by the applicant with the victim and these facts are apparent from the statement of the victim recorded by the Investigating Officer (in short "I.O.") in terms of Section 180 BNSS, copy of which is annexed as Annexure No. 4 to this bail application. The medical opinion of the victim also does not support the case of the prosecution for the reason that Doctor concerned upon due medical examination opined that "opinion could not be given because there is no H/o sexual violence and no H/o physical violence." 7. It is further stated that prosecution has not brought on record FSL report till date. A perusal of the statement of victim recorded before the Magistrate concerned in terms of Section 183 BNSS would indicate that the applicant and victim were known to each Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Shravan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) other rather were in love affair and victim on her own volition accompanied the applicant to Delhi. 8. It is submitted that considering aforesaid, the applicant, who is in jail since 25.08.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 9. Learned A.G.A. opposed the prayer of the applicant.However, he could not dispute the above contentions made by the applicant's counsel. 10. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents including medical opinion and the statement(s) of victim and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 11. Let the applicant-Shravan be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. BAIL No. 9730 of 2025 2 12. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 13. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 10, 2025 Vinay/- BAIL No. 9730 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench