Aakash Kumar State Of U.P. Through Secretary Home At Lucknow v. Counsel for

2. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Akash Kumar, seeking enlargement on bail during trial in connection with Case Crime No.197 of 2025, u/s 115(2), 316(2), 352, 351(3), 69 BNS, 2023, P.S. Kotwali Nagar, District Muzaffarnagar.

4. The FIR of the matter was lodged on 10.6.2025 by the victim against the applicant and three other persons alleging therein that the applicant is a contractor with Electricity Department and was known to her. The applicant assured her of getting her employment as peon in the Electricity Department and took Rs.2,00,000/- from her but he did not get her employed there. One day while she was changing her clothes, he somehow captured video of her and started blackmailing her and since the last ten months he established physical relationship with her. On 6.6.2025 he took her to a hotel and established sexual relationship forcibly. He also got his name entered in her adhar-card as being care of him. He also clicked her objectionable photograph and made a false promise to marry her. On 9.6.2025 he demanded Rs.2,00,000/- for deleting the said video. When she went to his house to make a complaint, the other accused persons threatened her, assaulted her and abused. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim has 2 BAIL No. 27190 of 2025 disclosed her age as 32 years in her statement under Section 180 BNSS and thus she is a major lady. While placing supplementary affidavit dated

10.9.2025 it has been submitted that initially the present case was registered under Sections 115(2), 316(2), 352, 351(3) and 69 BNS but now after submission of charge sheet, Section 69 BNS has been deleted and Section 64(2) BNS was added and thus his bail has been rejected vide order dated

2.9.2025 by the trial court. The free copy of the bail rejection order dated

2.9.2025 has been placed before the Court which is taken on record. It is further argued that relationship between the applicant and the victim was consensual relationship since long without any complaint earlier. It is further argued that no video has been made viral by the applicant, para 18 of the affidavit has been placed before the Court. There was some discussion between the applicant and the victim of getting employment but since the same did not materialize, present FIR has been lodged. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit. The applicant is in jail since 12.6.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major lady. The relationship between the applicant and the victim was consensual relationship since long. There was some discussion between the applicant and the victim of getting employment which did not materialize. No video has been made viral by the applicant. No previous complaint has been made by the victim to any authorities.

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-Akash Kumar, 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. 3 BAIL No. 27190 of 2025 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.

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. September 11, 2025 Gaurav Kuls/E-File (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Akash Kumar, seeking enlargement on bail during trial in connection with Case Crime No.197 of 2025, u/s 115(2), 316(2), 352, 351(3), 69 BNS, 2023, P.S. Kotwali Nagar, District Muzaffarnagar.

4. The FIR of the matter was lodged on 10.6.2025 by the victim against the applicant and three other persons alleging therein that the applicant is a contractor with Electricity Department and was known to her. The applicant assured her of getting her employment as peon in the Electricity Department and took Rs.2,00,000/- from her but he did not get her employed there. One day while she was changing her clothes, he somehow captured video of her and started blackmailing her and since the last ten months he established physical relationship with her. On 6.6.2025 he took her to a hotel and established sexual relationship forcibly. He also got his name entered in her adhar-card as being care of him. He also clicked her objectionable photograph and made a false promise to marry her. On 9.6.2025 he demanded Rs.2,00,000/- for deleting the said video. When she went to his house to make a complaint, the other accused persons threatened her, assaulted her and abused. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim has 2 BAIL No. 27190 of 2025 disclosed her age as 32 years in her statement under Section 180 BNSS and thus she is a major lady. While placing supplementary affidavit dated

10.9.2025 it has been submitted that initially the present case was registered under Sections 115(2), 316(2), 352, 351(3) and 69 BNS but now after submission of charge sheet, Section 69 BNS has been deleted and Section 64(2) BNS was added and thus his bail has been rejected vide order dated

2.9.2025 by the trial court. The free copy of the bail rejection order dated

2.9.2025 has been placed before the Court which is taken on record. It is further argued that relationship between the applicant and the victim was consensual relationship since long without any complaint earlier. It is further argued that no video has been made viral by the applicant, para 18 of the affidavit has been placed before the Court. There was some discussion between the applicant and the victim of getting employment but since the same did not materialize, present FIR has been lodged. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit. The applicant is in jail since 12.6.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major lady. The relationship between the applicant and the victim was consensual relationship since long. There was some discussion between the applicant and the victim of getting employment which did not materialize. No video has been made viral by the applicant. No previous complaint has been made by the victim to any authorities.

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-Akash Kumar, 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. 3 BAIL No. 27190 of 2025 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.

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. September 11, 2025 Gaurav Kuls/E-File (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad