HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31334 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Vinod Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel 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 Arshad, seeking enlargement on bail during trial in connection with Case Crime No. 227 of 2025, under Sections 69, 351(2) BNS, registered at Police Station Swar, District Rampur. 4. The FIR of the matter was lodged on 16.06.2025 by the victim against the applicant alleging therein that since many years they were having love relationship and on a false promise to marry the applicant established physical relationship with her many times at many places. When she asked him to marry her he used to avoid it. Around two years back, the victim get married to someone else. The applicant again blackmailed her by sending to her objectionable photos. Around one year back she was given Talaaq by her husband. The applicant since then again started physical relationship with her. On 05.02.2025 he took her to Rampur and established physical relationship with her. When she asked to marry he refused. He threatened her of making the said photos viral. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the victim is a married major woman aged about 22 years. It is submitted that the applicant and the victim were in love relationship since long after which she got married and then she was given Talaaq by her husband and then the relationship again started with the applicant. There was some discussion of marriage between them which could not materialize and the present FIR has been lodged. It is submitted that charge sheet in the matter has been submitted. Versus Counsel for Applicant(s) : Vinod Singh Counsel for Opposite Party(s) : G.A. Arshad .....Applicant(s) State of U.P. .....Opposite Party(s) It is submitted that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 17.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a married major woman. The relationship between the applicant and the victim was consensual relationship since long after which she got married but was given Talaaq by her husband. The relationship with the applicant and the victim then again started on some discussion of marriage between them which could not materialize and the present FIR has been lodged. Charge sheet in the matter has been submitted. 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 Arshad, 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 BAIL No. 31334 of 2025 2 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. September 12, 2025 M. ARIF BAIL No. 31334 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad