HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31026 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Ms. Astha Sharma, Advocate, holding brief of Sri Surendra Mohan Mishra, learned counsel for the applicant, Sri B.P. Mauryam, 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. 252 of 2026 under Sections 69, 352, 351(2) BNS registered at Police Station Chauri Chaura, District Gorakhpur 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 girl aged about 20 years as per FIR itself. It is further submitted that the victim in her statement recorded under section 180 BNSS has herself stated that her marriage with the applicant was solemnized in a temple, however, he refused to solemnize the marriage in court and also refused to live with her. It is next submitted that the victim has stated in her statement under section 183 BNSS that she was in consensual relationship with the applicant for the last 3-4 years and physical relation was also established between them and mother of the applicant is not agreeable to their marriage. It is further submitted that the victim refused to undergo medico-legal examination. It is further submitted that applicant has no criminal history and he has been languishing in jail since 25.7.2026. 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. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant, however, he does not dispute the aforesaid facts. 5. As per the FIR, the victim has stated that she is aged about 20 years and she has entered into matrimonial alliance with the applicant in a temple, however, he has refused to solemnize the marriage in court and also refused to live with her. The Versus Counsel for Applicant(s) : Surendra Mohan Mishra Counsel for Opposite Party(s) : G.A. Ajit Paswan .....Applicant(s) State of U.P. .....Opposite Party(s) victim is major and she has refused to undergo medico-legal examination. Applicant has no criminal history and he has been languishing in jail since 25.7.2026 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant Ajit Paswan involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with 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 not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 24, 2026 Madhurima BAIL No. 31026 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad