HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44366 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Prabha Shanker Bharti, learned counsel for the applicant, Sri Ramji, learned counsel for the first informant, Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 340 of 2025 under Sections 85, 115(2), 351(2), 64 BNS and 3/4 D.P. Act registered at Police Station Ghoorpur, District Prayagraj during pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and the victim is a major and married lady. It is further submitted that applicant is the younger brother-in-law of the victim and he is said to have established physical relationship with her on false promise of marriage as her husband is impotent. It is next submitted that since the victim is already married, there is no question of establishing physical relationship with her on false promise of marriage. It is further submitted that from the conduct of the victim, it appears that she is a consenting party. It is further submitted that applicant has no criminal history and he has been languishing in jail since 19.10.2025. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Prabha Shanker Bharti, Ravi Singh, Shiva Singh Counsel for Opposite Party(s) : G.A., Ram Kumar Pal, Ramji Mohit @ Shiv Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned A.G.A. as well as learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submit that mother of the applicant and husband of the victim have stated that applicant established physical relationship with her. 5. As per the FIR, applicant is said to have established physical relationship with the victim on false promise of marriage. The victim is sister-in-law of the applicant and she is major. It is submitted that since the victim is already married, there is no question of establishing physical relationship with her on false promise of marriage and from her conduct, it appears that she is a consenting party. Applicant has no criminal history and he has been languishing in jail since 19.10.2025. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Mohit @ Shiv Kumar involved in the aforementioned 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, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission BAIL No. 44366 of 2025 2 of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 9, 2026 Madhurima BAIL No. 44366 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad