Neutral Citation No. - 2025:AHC:142261 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26185 of 2025 Applicant :- Avnish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav,Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Kumar Yadav, learned counsel for the applicant and Sri V.K.S Parmar, learned A.G.A. for the State as well as perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 104 of 2025, under Sections 64, 87, 142, 351(2) of BNS, Police Station Madhotanda, District Pilibhit, during the pendency of trial. 4. 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. 5. Learned counsel has next stated that the victim is major aged about 28 years. The victim is a consenting party as is but evident from her statements recorded under section 180 and 183 BNSS whereby she herself has stated that she has married the applicant in Arya Samaj Temple. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 03.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the victim is a consenting party, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Avnish 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 20.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad