Neutral Citation No. - 2025:AHC:109882 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23833 of 2025 Applicant :- Ravi Kumar Gond Opposite Party :- State of U.P. Counsel for Applicant :- Ankita Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Ankita Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA 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 Ravi Kumar Gond, seeking enlargement on bail during trial in connection with Case Crime No. 184 of 2025, under Sections 69, 351(2) B.N.S. registered at P.S. Tarya Sujan,District Kushinagar. 4. The F.I.R. of the matter was lodged on 04.06.2025 by the victim against the applicant alleging therein that on false promise to marry since last two years Ravi Gond (the present applicant) established physical relationship with her. In the meantime she became pregnant many times and got the same aborted. Subsequently she again became pregnant and gave birth to a child. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim has been married to one other person on 25.4.2025, subsequent to which on 05.5.2025 she gave birth to a child. Learned counsel has placed before the Court the report dated 16.6.2025 of Police Station Tarya Sujan, District Kushinagar, copy of which is annexure no. 6 to the affidavit and particularly question no. 8 to the same to buttress the said arguments. It is submitted that the victim is a major woman. It is further submitted that in so far as the allegation of establishing physical relationship since the last two years that too forcefully, is concerned, no complaint whatsoever has been made even by the victim or her parents earlier to any authority before giving birth to a child. It is submitted that when the victim was produced before the doctor, she gave consent for external examination but refused to given consent for her internal examination. It is argued that the applicant has no other criminal antecedents as stated in para- 23 of the affidavit and is in jail since 10.6.2025. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant and the victim were in relationship since last two years. There was physical relationship between them. There was no complaint whatsoever earlier by the victim of such act to anyone or any authority. She became pregnant many times and got pregnancy aborted. She got married to another person on 25.4.2025 and gave birth to a child and then after about one month the present F.I.R. has been lodged. 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- Ravi Kumar Gond, 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 :- 10.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad