Neutral Citation No. - 2025:AHC:107338 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16541 of 2025 Applicant :- Krishna Sharma Alias Malay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- Abhishek Tandon,G.A.,Suraj Kumar Chaudhary,Vivek Kumar Srivastava Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Virendra Kaushik, Advocate, holding brief of Sri Ved Prakash Mishra, learned counsel for the applicant, Sri Vivek Kumar Srivastava, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Krishna Sharma Alias Malay Sharma, seeking enlargement on bail during trial in connection with Case Crime/F.I.R. No.0198 of 2025, under Sections 69, 351(2), 352 B.N.S., 2023 registered at P.S. Transportnagar, District- Meerut. 4. The F.I.R. of the matter was lodged on 09.4.2025 by the victim against the applicant and two other accused persons alleging therein that she was in relationship with the applicant since last four years. He was living since last 06 months with her. On false promise to marry he established physical relationship with her and she became pregnant. He refused to marry her. He was forcing her to take medicines for which she refused. He then told her that she has to nurture the child alone. He has broken the relationship. He is threatening her. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a married woman having a child from her previous marriage, after which she was separated from her husband in the year 2021. It is submitted that relationship between the victim and the applicant was a consensual relationship. It is submitted that since marriage between the victim and the applicant could not materialize, the present F.I.R. has been lodged. It is argued that the applicant has no other criminal antecedents as stated in para- 25 of the affidavit and is in jail since 13.04.2025. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant has been making false promise to marry with the victim and established physical relationship after which she became pregnant, but he refused to marry her. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a married woman having a child. She has separated from her husband and then came into touch with the applicant and was in relationship with him since last 04 years. Marriage between the victim and the applicant could not materialize. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Krishna Sharma Alias Malay Sharma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) 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 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 8.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad