HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1563 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant; learned AGA for the State, Sri Shailendra Kumar Mishra who appears for the informant and perused the records. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.236 of 2025 under section 69, 352, 351 (3) BNS and section 3/4 DP Act, P.S. Nawabganj, District Gonda. 3. The FIR in question was lodged alleging that the informant met the applicant sometimes in the year 2022 and a marriage proposal was made. Subsequently, both of them started meeting and under the false pretext of marriage, physical relations were formed on various occasions. It was also stated that thereafter the engagement proceedings were also taken place and some dowry was also being given, however as the entire dowry was not being paid, the applicant has refused to marry the victim. 4. In the light of the said allegations, the submission of the counsel for the applicant is that the victim is a major and physical relations, even if treated to be correct, were formed with the consent for a substantial period of time. 5. Counsel for the informant strongly opposes the bail application by arguing that the applicant had formed physical relations on the false pretext of Versus Counsel for Applicant(s) : Maya Ram Yadav Counsel for Opposite Party(s) : G.A. Harsh Pratap @ Shivam Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) marriage. 6. Considering the fact that even in the FIR, the allegations were that physical relations were formed since 2022 on the alleged false pretext of marriage and the said was not even an offence till the enactment of BNS in the year 2023, thus, prima-facie a case for anticipatory bail is made out. 7. In the event of arrest, let the applicant Harsh Pratap @ Shivam Kumar be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of SHO/Court below concerned with the following conditions: (a) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (b) The applicant shall execute a bond to undertake to attend the hearings; (c) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (d) 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. (e) The applicant shall not leave India without the previous permission of the Court. 8. The present application for anticipatory bail is accordingly allowed. October 28, 2025 VNP/- NABAIL No. 1563 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench