Allowed

Raj Kumar Maurya v. State of U.P.

Allahabad HC14 Aug 2025BAIL/7512/2025

Case brief

AI extract

What is this about?

Bail application by an accused charged under Section 69 BNS for physical relations on a promise of marriage. Victim did not support the prosecution in her statements and was willing to marry; no corroborative medical evidence. Bail allowed with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, with conditions including no tampering with evidence or intimidating witnesses.

Raj Kumar Maurya Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:47602

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7512 of 2025

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Applicant :- Raj Kumar Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Nripendra Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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A supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State, and Shri Dinesh Kumar Mishra, learned counsel, who has filed his Vakalatnama on behalf of the complainant along with a short counter affidavit, which is taken on record.

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It is alleged in the prosecution case that the applicant, Rajkumar Maurya, came in contact with the informant/victim through Facebook in May 2024, and they became friends. He proposed marriage to her and, on the pretext of marriage, continued to establish physical relations with her until 04.05.2025. Thereafter, on 06.05.2025, he allegedly refused to marry her, stating that he is already married and having a child.

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Learned counsel for the applicant submits that, in the supplementary affidavit filed today, the applicant has categorically stated that he is neither married nor has any child. It is further submitted that in her statements under Sections 180 and 183 BNSS, the victim has not supported the prosecution case. The prosecution story is false, and the applicant has been falsely implicated. There is no corroborative evidence to support the allegations. However, the applicant is willing to marry the victim. It is also contended that the applicant is in custody since 14.07.2025 and has no criminal antecedents.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned counsel for the complainant submits that the victim is also willing to marry the applicant and does not wish to prosecute the matter any further.

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Learned A.G.A., however, has opposed the bail application.

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On due consideration to the statements of the victim under Sections 180 and 183 BNSS, the absence of corroborative medical evidence, the submission of learned counsel for the complainant that the victim is willing to marry the applicant and does not wish to pursue the case further, and the fact that the applicant is in custody since 14.07.2025 without any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Raj Kumar Maurya involved in CASE CRIME NO. : 0219/2025, UNDER SECTION : 69 B.N.S., P/SGomati Nagar, District Lucknow, be released on bail on his 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(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 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.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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Order Date :- 14.8.2025/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Raj Kumar Maurya v. State of U.P.

Case brief

What is this about?

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Raj Kumar Maurya v. State of U.P.

Case brief

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