Sunil Kumar vs State Of U.P.

2. Heard Sri Gyan Prakash Mishra, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.57 of 2026, under Sections 69, 351(3), 352 BNS, Police Station Obra, District Sonbhadra, during the pendency of trial.

4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise.

5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The victim is a consenting party. It is a clear cut case of consensual relationship between two major persons. The victim is a 24 years old girl. There is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has converted a failed consensual physical relationship into a criminal case. There is no criminal history of the applicant and he is in jail since 25.3.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.

6. Learned A.G.A. has vehemently opposed the bail application.

7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that victim is major and there being no clinching evidence to suggest that the applicant misled her from the beginning, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

8. Let the applicant- Sunil Kumar, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 6, 2026

Vikas Verma