Aman @ Aman Kumar vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:47401

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7532 of 2025

Applicant :- Aman @ Aman Kumar Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Arvind Kumar Verma,Harish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that the informant aged about 20 years has been subjected to physical relations by the applicant on the pretext of marriage and when asked to marry, the applicant has refused to do so.

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Learned counsel for the applicant submits that the victim is major and is a consenting party. The alleged promise to marry made by the applicant is false. He next submits that while giving statement under Section 183 BNSS, the victim has changed the prosecution version and has made material improvement alleging demand of dowry for marriage. There is lack of corroborative material in support of the prosecution case.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 8.7.2025. Charge-sheet in the case has been filed. 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 A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record, the improvement made by the victim in the statements under Sections 180 and 183 BNSS, lack of corroborative material so also the fact that the applicant has no criminal history; he is languishing in jail since 8.7.2025; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, 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- Aman @ Aman Kumar involved in Case Crime No. 223 of 2025, under Section 69 of B.N.S., Police Station- Maigalganj, District- Kheri, 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 84 B.N.S.S. 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 209 of B.N.S.

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Order Date :- 13.8.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Aman @ Aman Kumar v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko.

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Aman @ Aman Kumar v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko.

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