High Court · 2025

challenging the validity of the F.I.R. but the writ petition has been dismissed as withdrawn by means of an order dated

04.04.2025.

5. The learned A.G.A.-I has opposed the prayer for bail and he produced a copy of relevant extracts of case diary for perusal of the court.

6. In the statement recorded under Section 180 BNSS the victim reiterated the F.I.R. version. A copy of whatsapp communication between the applicant and the informant has been produced before the Investigating Officer as per which the applicant has expressed her desire to live with the informant on

10.01.2025, but on 13.01.2025 he stated that he would live with the co-accused person Jyoti.

7. In the statement of the informant recorded under Section 183 BNSS she stated that she is aged about 25 years, she knows the applicant through instagram since the year 2019. They are in a relationship since 20.12.2023 and the applicant has made physical relations with her on 3-4 occasions under the allurement of marrying her but thereafter he declined to marry her stating that she belongs to scheduled caste. She stated that after this the applicant started spending time with co-accused Jyoti, who herself sated that the applicant is her husband for the past 10 years.

8. The medico legal examination of the informant does not reveal anything of significance.

9. The learned A.G.A.-I has submitted that the investigation is still pending.

10. The learned counsel appearing on behalf of the informant has also opposed the anticipatory bail application and he has submitted that the applicant has physically exploited the informant under the allurement of marrying her and he has threatened to spread her obscene photos virally.

11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has stated her aged to be 25 years and that she was in a relationship with the applicant since the year 2019 and she has been making physical relations with the applicant since the year 2023 and it appears that since inception of their relations in the year 2019 the informant was major; that there is nothing on record to show that since inspection the applicant has the intention to cheat the informant and it is possible that he may have parted ways after their relations turned sour coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

12. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Vishal Kumar Kushwaha @ Vishal Kushwaha before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . Order Date :- 12.5.2025 Ram. (Subhash Vidyarthi, J.) RAM SINGH RAM SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

challenging the validity of the F.I.R. but the writ petition has been dismissed as withdrawn by means of an order dated

04.04.2025.

5. The learned A.G.A.-I has opposed the prayer for bail and he produced a copy of relevant extracts of case diary for perusal of the court.

6. In the statement recorded under Section 180 BNSS the victim reiterated the F.I.R. version. A copy of whatsapp communication between the applicant and the informant has been produced before the Investigating Officer as per which the applicant has expressed her desire to live with the informant on

10.01.2025, but on 13.01.2025 he stated that he would live with the co-accused person Jyoti.

7. In the statement of the informant recorded under Section 183 BNSS she stated that she is aged about 25 years, she knows the applicant through instagram since the year 2019. They are in a relationship since 20.12.2023 and the applicant has made physical relations with her on 3-4 occasions under the allurement of marrying her but thereafter he declined to marry her stating that she belongs to scheduled caste. She stated that after this the applicant started spending time with co-accused Jyoti, who herself sated that the applicant is her husband for the past 10 years.

8. The medico legal examination of the informant does not reveal anything of significance.

9. The learned A.G.A.-I has submitted that the investigation is still pending.

10. The learned counsel appearing on behalf of the informant has also opposed the anticipatory bail application and he has submitted that the applicant has physically exploited the informant under the allurement of marrying her and he has threatened to spread her obscene photos virally.

11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has stated her aged to be 25 years and that she was in a relationship with the applicant since the year 2019 and she has been making physical relations with the applicant since the year 2023 and it appears that since inception of their relations in the year 2019 the informant was major; that there is nothing on record to show that since inspection the applicant has the intention to cheat the informant and it is possible that he may have parted ways after their relations turned sour coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

12. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Vishal Kumar Kushwaha @ Vishal Kushwaha before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . Order Date :- 12.5.2025 Ram. (Subhash Vidyarthi, J.) RAM SINGH RAM SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench