Neutral Citation No. - 2025:AHC:67512 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14310 of 2025 Applicant :- Mahtab Opposite Party :- State of U.P. Counsel for Applicant :- Anant Ram Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Bahadur Gupta, Advocate holding brief of Sri Anant Ram Gupta, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.09 of 2025, under Section 69 B.N.S., Police Station- Basai Mohammadpur, District- Firozabad, during the pendency of trial. 4. As per prosecution story, the victim is a widow and was married to the elder brother of the applicant. The applicant is stated to have promised the victim to marry her and had established corporeal relationship with her, and subsequently, had refused to comply with the said promise. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The victim is 25 years old having three children from her earlier marriage. The applicant is five years younger to her. Learned counsel has stated that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 6.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that victim is major about 25 years old and there being no medical corroboration of the incident, 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. 8. Let the applicant- Mahtab, 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 not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 30.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad