Krishna Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:38451

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6064 of 2025

Applicant :- Krishna Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Himanshu Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Heard Shri Hinanshu Shukla, learned counsel for the applicant and learned AGA for the State.

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By means of this application, the applicant, who is involved in Case Crime No. 038 of 2025, under sections 64, 331 (2), 351(3) of the B.N.S., Police Station Pisawan, District- Sitapur is seeking enlargement on bail during the trial.

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Brief facts of the present case are that an FIR dated 03.02.2025 has been lodged by the complainant under sections 74, 331 (2) of B.N.S. and under Section 3/4 of Dowry Prohibition Act alleging therein that the complainant (20-yearold) alleged that the applicant had, with his parents' consent, agreed to marry her two years ago, and this agreement was also accepted by her parents when it was disclosed to them. However, three months ago, the applicant and his family demanded a motorcycle and Rs. 1 lakh, and upon the complainant's parents expressing their inability to fulfill their demand, the applicant married someone else. On midnight of 02.02.2025, the applicant had barged into the bedroom of the complainant and started flirting/teasing the complainant and when she opposed and called her parents, he ran away.

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Learned counsel for the applicant has submitted that after lodging the FIR, the statement of complainant was recorded under Section 180 B.N.S.S. wherein she had reiterated the version, which has been alleged in the FIR. Subsequently, the applicant has sought for anticipatory bail which was granted to him by order dated 07.03.2025. Copy of which has been enclosed as annexure no. 2 to the present paperbook.

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It is further submitted that after grant of anticipatory bail to

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the applicant when the statement of the complainant was recorded under Section 183 B.N.S.S. she had changed the story and made an allegation of molestation and outraging her modesty by the applicant due to which anticipatory bail has been cancelled and the applicant is languishing in jail since 11.05.2025.

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It is further submitted that the applicant had not misused the anticipatory bail. He has no criminal history and he has falsely been implicated in the present case by the complainant/informant just to take revenge that he had married to some other place.

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It is further submitted that after the statement recorded under Section 183 B.N.S.S., the medical examination was also conducted in which nothing was found which corroborates with the allegation made by the informant/complainant against the applicant regarding outraging her modesty.

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. Learned Additional Government Advocate has vehemently opposed the prayer for bail of the present applicant but could not dispute the aforesaid contentions of learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the complainant has changed her stand at every stage makes the allegation against the applicant doubtful; thus, prima-facie, it is found that it is a fit case in which the applicant may be enlarged on bail.

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Accordingly, the instant bail application is allowed.

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Let the applicant Krishna Kumar be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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i) the applicant shall not tamper with the prosecution evidence;

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ii) the applicant shall not pressurize the prosecution witnesses;

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iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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Order Date :- 8.7.2025/Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

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Krishna Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

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