Jamal v. State of U.P. Thru. Prin Secy. Deptt. Lko.
Case brief
What is this about?
Bail granted; Section 69 BNS (sexual intercourse by deceitful means / false promise of marriage) essential ingredients prima facie not attracted; victim's statements under Sections 180 and 183 BNS lacking necessary ingredients; prosecution allegation of six-year exploitation on marriage promise and house purchase at Gaughat; counsel argued victim already married, tenant of applicant, false implication to avoid rent; custody since 04.08.2025; release on personal bond and two sureties; bail conditions covering evidence tampering, witness intimidation, adjournment undertaking, attendance, Section 269 BNS, Section 84 BNSS, Section 209 BNS; co-accused none; Case Crime No.0451 of 2025, P.S. Thakurganj, Lucknow; Allahabad High Court Lucknow Bench; Karunesh Singh Pawar, J.; 16 September 2025.
What did the court decide?
Applicant Jamal to be released on bail in the aforesaid FIR subject to furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below, with conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to dissuade any person acquainted with the facts; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, default being treated as abuse of bail liberty; (v) presence before the trial court on each date personally or through counsel, absence without sufficient cause inviting action under Section 229-A IPC (now Section 269 BNS); and (vi) misuse of bail liberty leading to proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) and, on failure to appear, proceedings under Section 174-A IPC (now Section 209 BNS).