HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27183 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Anil Kumar Pathak, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record. 3. This second bail application under Section 483 of B.N.S.S. has been filed by the applicant Ashwani Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 83 of 2025, under Section(s) 69, 351(3), 352 B.N.S., 2023, registered at P.S. Sahayal, District Auraiya. 4. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 22.7.2025 passed in Criminal Misc. Bail Application No. 24947 of 2025. 5. The F.I.R. of the matter was lodged by the victim against the applicant and Ramautar alleging therein that the applicant a village pradhan and lives in front of her house. He assured her of getting employment in Anganbari and on the said assurance established physical relationship with her many times. He also took Rs.1 lakh. After about 10 months he got some other woman appointed therein. When she asked for return of money, he abused her. Versus Counsel for Applicant(s) : Anil Kumar Pathak, Anurudh Kumar Prajapati, Bhawesh Pratap Singh, M.P.S. Chauhan, Umesh Kumar Counsel for Opposite Party(s) : G.A. Ashwani Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a widow. She is aged about 35 years. It is submitted that there was some discussion between the applicant and the victim for getting employment but the same could not materialize and thus the present F.I.R. has been lodged. Further while placing para-17 of the affidavit it is submitted that previously the applicant is involved in one other case in which Final Report has been submitted, copy of the same is annexure no. 8 to the affidavit. It is argued that the applicant is in jail since 17.6.2025. 7. Per contra, learned State counsel opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the record, it is evident that victim is a widow aged about 35 years. There was some discussion between the applicant and the victim for getting employment but the same could not materialize. 9. 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. 10. Let the applicant- Ashwani Kumar, 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 BAIL No. 27183 of 2025 2 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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. October 10, 2025 Naresh BAIL No. 27183 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad