Neutral Citation No. - 2025:AHC:77565 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14930 of 2025 Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.,Janardan Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Mrs. Abhilasha Singh, learned Advocate holding brief for Ms. Bindu Kumari, learned counsel for the applicant, Sri Brijesh Kumar Yadav, learned Advocate holding brief for Sri Janardan Yadav, learned counsel for the informant, as well as Sri S.K. Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 105 of 2025, under Sections 64(1), 89, 351(3) B.N.S., Police Station Robertsganj, District Sonbhadra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim for a period of four years on the false promise of marriage and had later on refused to comply with the said promise. 5. It is further stated that there is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has converted a failed consensual physical relationship into a criminal case. The victim is 23 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 8.2.2025, 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 A.G.A. and learned counsel for the informant have vehemently opposed the bail application but have not disputed the aforesaid submissions of learned counsel for the applicant. 7. This Court has avoided expressing its opinion as the case hinges on whether the applicant's promise of marriage was genuine or false and whether the physical relationship was consensual or not. It is for the Trial Court to draw a conclusion which will depend on the evidence presented before it and its interpretation as per law. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the applicant is the consenting party and is major and taking into consideration the settled law of the Supreme Court passed in Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886, 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. 9. Let the applicant- Deepak Kumar, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 13.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad