CRIMINAL MISC. BAIL APPLICATION No. 43643 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43643 of 2025 Gulshan Kumar .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Pavan Kumar Srivastava Counsel for Opposite Party(s) : G.A. Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 259 of 2025, under Sections 69, 123, 115(2), 352, 351(2) B.N.S., Police Station Haldharpur, District Mau during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the victim were in consensual relationship since more than six years. The first information report was lodged on 29.07.2025. The consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 28 B.N.S. and could not be said to be 'rape' under Section 69 B.N.S. The applicant has no criminal ante