Neutral Citation No. - 2025:AHC:86457 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15371 of 2025 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Shivanand Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 22 of 2025, U/S 69, 115(2) B.N.S., Police Station Ajeetmal, District Auraiya, 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, as such, impregnated her. Subsequently, the applicant is stated to have 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 with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 6. It is further argued that the victim is major, aged about 19 years, as such, it is a matter of consensual relationship. It is true that the victim had given birth to a baby boy on 3.5.2025 and she is living with her mother. The applicant is ready to keep the victim as his wedded wife and her son in his house and take care of them. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 28.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the applicant being ready to keep the victim and her son in his house and take care of them, 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 involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall take care of the mother son duo and keep them in his house within period of three months from the date of his release. (ii) The applicant shall deposit an amount of Rs. 1 lakh in the name of the son within a period of three months of his release. (iii)The applicant shall not tamper with evidence. (iv) 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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 :- 22.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad