HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10371 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. The instant second bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 330 of 2024, under Sections 61(2), 64(1), 115(2), 118(1), 351(2), 74 B.N.S., 2023, Police Station Mungra Badshahpur, District Jaunpur, during the pendency of trial. First bail application of the applicant was dismissed as not pressed by this Court vide order dated 11.03.2025 in Criminal Misc. Bail Application No. 2880 of 2025. Brief facts of the case which are required to be stated are that the complainant who is mother of the victim got a first information report lodged on 13.09.2024 for the alleged offence under Sections 115(2), 118(1), 351(2) and 74 B.N.S. against Shivam Patel (applicant) and co-accused Deepak making allegations inter-alia that the applicant and her daughter got their marriage solemnized in a court but the applicant did not take her to her matrimonial house and kept her Versus Counsel for Applicant(s) : Hari Shankar, Kailash Nath Singh, Mool Chandra Mishra, Pranesh Kumar Mishra, Prem Chandra, Ram Khelawan Patel, S.K. Srivastava Counsel for Opposite Party(s) : G.A., Pradeep Kumar Mishra, Raj Kumar Tripathi, Sushil Kumar Saroj Shivam Patel .....Applicant(s) State of U.P. .....Opposite Party(s) separately. F.I.R. also alleges that the applicant also used to beat her. On 05.05.2025 when the matter was heard, it was argued on behalf of the applicant that victim is wife of the applicant. They got their marriage solemnized in the court and the applicant is willing to bring her to his house and in case interim bail is granted to the applicant, he will get his marriage with he victim registered. Considering the said submission, the applicant was granted interim bail vide order dated 05.05.2025 from 06.05.2025 to 27.05.2025. Since the order dated 05.05.2025 was not complied with, therefore, vide order dated 27.05.2025 applicant was directed to surrender before the court concerned within two days. Learned counsel for the applicant pointed out that the applicant has surrendered on 30.05.2025 and since then he is in jail. During the course of argument, learned counsel for the applicant submits that the applicant is willing to bring the victim to his house, but victim is not ready. On the other hand, submission of learned counsel appearing on behalf of the victim is that she is ready to come to her matrimonial home, but applicant is not inclined to bring her back to his house. The applicant and the victim both are making allegation against each other. The said disputed fact cannot be adjudicated by this Court while considering the bail application of the applicant. However, considering the nature of facts and allegations coupled with the fact that the applicant is languishing in jail since 30.05.2025, this Court is of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Shivam Patel, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of BAIL No. 10371 of 2025 2 the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 19, 2025 Kashifa BAIL No. 10371 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad