High Court · 2025

2. Heard Sri Rajat Sonkar, learned counsel for the applicant, Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Abhishek Yadav, seeking enlargement on bail during trial in connection with Case Crime No.139 of 2025, u/s 69 of BNS, 2023 and Section 3/4 Dowry Prohibition Act, 1961, Police Station Haldharpur, District Mau.

4. The FIR of the matter was lodged on 22.4.2025 by the victim against the applicant and Asha Devi alleging therein that she met the applicant three years ago and there was some discussion between them. The applicant on a promise to marry, established physical relationship with her many times. On 31.12.2024, he took her to Rasra and established physical relationship with her on the assurance that he will marry her. Subsequently the date of marriage was fixed as 25.4.2025 and cards were distributed but the accused persons demanded Rs.5 lakh which could not be given and then the marriage was refused. A report be lodged and action be taken.

5. Learned counsel for the applicant has produced before the Court the photocopy of supplementary affidavit dated 8.8.2025 and submits that the same has been filed in the office on 8.8.2024, the same is not on record and made part of record. Office to trace out the same and place it on record and also make a note in the order- sheet regarding the same.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the present case is a case of consent. It is further argued that the victim is a major woman. The victim has refused her internal medical examination when produced before the doctor. It is further argued that the victim has disclosed her age to be 23 years in her statement under Section 180 B.N.S.S. It is further submitted that charge sheet has been submitted in the matter. It has also been pointed out that the applicant is not having any criminal history as stated in para 15 of the affidavit. The applicant is in jail since 13.6.2025. While placing para 3 of the said supplementary affidavit in which there is affidavit of Ritesh Yadav, the brother of the applicant, it has been argued that the applicant remains willing and ready to solemnize marriage with the victim, para 3 reads as under:- "That the applicant remains willing and ready to solemnize marriage with the aforesaid victim"

7. Per contra learned counsel for the State opposed the prayer for bail.

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The relationship between the victim and the applicant was consensual since last three years. The discussion of marriage between the applicant and victim could not materialize. Charge-sheet has been submitted in the matter. Para 3 of the supplementary affidavit has been relied upon by learned counsel for the applicant as part of his argument.

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-Abhishek Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. (Samit Gopal, J.) Order Date :- 11.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Rajat Sonkar, learned counsel for the applicant, Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Abhishek Yadav, seeking enlargement on bail during trial in connection with Case Crime No.139 of 2025, u/s 69 of BNS, 2023 and Section 3/4 Dowry Prohibition Act, 1961, Police Station Haldharpur, District Mau.

4. The FIR of the matter was lodged on 22.4.2025 by the victim against the applicant and Asha Devi alleging therein that she met the applicant three years ago and there was some discussion between them. The applicant on a promise to marry, established physical relationship with her many times. On 31.12.2024, he took her to Rasra and established physical relationship with her on the assurance that he will marry her. Subsequently the date of marriage was fixed as 25.4.2025 and cards were distributed but the accused persons demanded Rs.5 lakh which could not be given and then the marriage was refused. A report be lodged and action be taken.

5. Learned counsel for the applicant has produced before the Court the photocopy of supplementary affidavit dated 8.8.2025 and submits that the same has been filed in the office on 8.8.2024, the same is not on record and made part of record. Office to trace out the same and place it on record and also make a note in the order- sheet regarding the same.

6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the present case is a case of consent. It is further argued that the victim is a major woman. The victim has refused her internal medical examination when produced before the doctor. It is further argued that the victim has disclosed her age to be 23 years in her statement under Section 180 B.N.S.S. It is further submitted that charge sheet has been submitted in the matter. It has also been pointed out that the applicant is not having any criminal history as stated in para 15 of the affidavit. The applicant is in jail since 13.6.2025. While placing para 3 of the said supplementary affidavit in which there is affidavit of Ritesh Yadav, the brother of the applicant, it has been argued that the applicant remains willing and ready to solemnize marriage with the victim, para 3 reads as under:- "That the applicant remains willing and ready to solemnize marriage with the aforesaid victim"

7. Per contra learned counsel for the State opposed the prayer for bail.

8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The relationship between the victim and the applicant was consensual since last three years. The discussion of marriage between the applicant and victim could not materialize. Charge-sheet has been submitted in the matter. Para 3 of the supplementary affidavit has been relied upon by learned counsel for the applicant as part of his argument.

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-Abhishek Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. (Samit Gopal, J.) Order Date :- 11.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad