Neutral Citation No. - 2025:AHC:86779 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16231 of 2025 Applicant :- Samsher Urf Tiger Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Prasad,Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- Chandra Prakash Misra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yashpal Yadav, learned counsel for the applicant and Sri Chandra Prakash Mishra, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 89 of 2025, under Sections 69, 191(2), 352, 115(2) of BNS, Police Station Vishunpura, District Kushi Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by concealing his religion as both were working in an Orchestra party and as such, out of the said corporeal relationship, the victim is stated to have given birth to a daughter. 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 as alleged in the FIR. The FIR is delayed by about more than one year and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim obviously is major as she was earlier on married elsewhere as she is divorcee from her earlier marriage and she has a son from her previous husband also. The allegations that she had given birth to a baby girl out of the said corporeal relationship, is false. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 05.04.2025 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. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant had concealed his religion and misused his clout and impregnated the victim and she has nowhere to go as she was already a divorcee. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that the victim is major and both were co-workers at one orchestra party, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Samsher Urf Tiger, 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 the 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. 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 :- 22.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad