Neutral Citation No. - 2025:AHC:81130 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15522 of 2025 Applicant :- Gautam Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 30.04.2025. 4. Applicant seeks bail in Case Crime No.05 of 2025, under Sections 64, 89, 352, 351(2), 336(3), 308(2) B.N.S. and Section 3/4 POCSO Act, Police Station Mahila Thana, District Agra, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by fleecing and fooling her and had subsequently made some indecent video of the said act and kept on threatening her to make it viral on social media and had also promised her to marry, but refused to do so. 6. There are allegations that the applicant had taken Rs.43,000/- in two transactions from her and Rs.1 lakh in cash. Subsequently, the applicant is stated to have got engaged with somebody else as his engagement was held on 07.07.2024 and his marriage was to be solemnized on 18.02.2025. 7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The instant case is of consensual relationship between two persons and they had fallen apart subsequently. The victim is 19 years old and the allegations have been inflated by her. The FIR itself is filled up with several embellishments. 8. Learned counsel for the applicant has further argued that there is no evidence of any money being transferred to the applicant from the account of the victim. In the instant case, the victim has tried to get her marriage, which was to be solemnized elsewhere, stalled. There is no criminal history of the applicant. The applicant is languishing in jail since 07.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. 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, has stated that entering into any kind of corporeal relationship with a person on the false promise to marry cannot be termed as rape. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that ++++ 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. 12. Let the applicant- Gautam Yadav, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 16.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad