Neutral Citation No. - 2025:AHC:41951 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11458 of 2024 Applicant :- Suhail Alias Amit Choudhary Opposite Party :- State of U.P. Counsel for Applicant :- Mumtaz Ali Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Shad Khan, Advocate holding brief of Ms. Mumtaz Ali, learned counsel for the applicant and Sri Sushil Kumar Shukla, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 37 of 2021, under Sections 419, 420, 376 of IPC, Police Station Kapilvastu, District - Siddharth Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has also stated that the victim is the consenting party as is evident from the circumstances. As per the allegations, the victim had given birth to a baby girl out of the said corporeal relationship with the applicant and has been forced to lead a life of destitution and vagrancy. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 04.08.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the victim has no means to take care of her and the offspring born out of the said corporeal relationship. 8. In rebuttal, learned counsel for the applicant has stated that the applicant is ready to take care of the victim and the child duo. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Suhail Alias Amit Choudhary, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall take every endeavour to marry the victim as per the Special Marriage Act. ii) The applicant shall deposit Rs.One Lakh in the bank account of the victim and Rs. One Lakh as Fixed Deposit in favour of the child born out of the said corporeal relationship within a period of three months from the date of his release from jail. iii) The applicant will not tamper with the evidence during trial. iv) The applicant will not pressurise/intimidate with the prosecution witnesses. v) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 21.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad