Neutral Citation No. - 2025:AHC:73412 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15300 of 2025 Applicant :- Vikas Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kuldeep Kumar Gupta, Advocate holding brief of Sri Abhishek Kumar Pandey, learned counsel for the applicant, Sri Ved Kant Mishra, learned counsel for the informant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.534 of 2024, under Sections 69, 89, 115(2), 352, 351(3) B.N.S. and 67A I.T. Act, Police Station- Rawatpur, District- Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on 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. He has nothing to do with the said offence. 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. 6. Learned counsel for the applicant has further stated that the allegations are per se false. The applicant had married the victim. It is the second marriage of the victim and is the first for the applicant. The applicant had even filed a petition U/s 9 of Hindu Marriage Act for restitution of conjugal rights on 9.12.2024, as such, the instant FIR has been instituted eight days after the said institution of case. 7. Learned counsel for the applicant has also argued that there is no medical corroboration of the incident. There is no recovery of any video whatsoever, as sch, it is a clear cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 16.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no medical corroboration of the incident coupled by the fact that there is no recovery of any video whatsoever, as also in the light of judgment of the Supreme Court 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 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- Vikas Mishra, 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. 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 :- 7.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad