HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31081 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri R. P. Tripathi, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 222 of 2025, under Section 69, 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shahpur, District Gorakhpur. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He submits that in the FIR it has been alleged that the applicant has made physical relation with the informant on the pretext of getting married with her. He submits that the informant had borrowed money from the applicant at the time of Covid and when the applicant asked for his money, the victim falsely implicated the applicant in the present case. He submits that nothing incriminating material has been recovered from the possession of the applicant. He submits that there is no independent witness of the alleged incident. The applicant is languishing in jail since 13.05.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the applicant submits that Hon'ble Supreme Court in the case Mahesh Damu Khare versus The State of Maharashtra and another, reported in 2024 (0) Supreme (SC) 1086 has held as under:- "In our view, if a man is accused of having sexual relationship by making a false promise of marriage and if he is to be held criminally liable, any such physical relationship must be traceable directly to the false promise made and not qualified by other circumstances or consideration. A woman may have reasons to have physical relationship other than the promise of marriage made by the man, such as personal liking for the male partner without insisting upon formal marital ties. Thus, in a situation where physical relationship is maintained for a prolonged period knowingly by the woman, it cannot be said with certainty that the said physical relationship was purely because of the alleged promise made by the appellant to marry her. Thus, unless it can be shown that the physical relationship was purely because of the promise of marriage, thereby having a direct nexus with the physical relationship without being Versus Counsel for Applicant(s) : Rishikesh Pati Tripathi Counsel for Opposite Party(s) : G.A. Chhotu Chauhan Alias Ashish Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) influenced by any other consideration, it cannot be said that there was vitiation of consent under misconception of fact." Learned counsel for the applicant submits that applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Chhotu Chauhan Alias Ashish Chauhan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 pks BAIL No. 31081 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad