CRIMINAL MISC. BAIL APPLICATION No. 43703 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43703 of 2025 Mohammad Rihan .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Khalid Mahmood, Qazi Abid Azam Counsel for Opposite Party(s) : G.A. Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 510 of 2025, under Sections 352, 115(2), 69, 77, 351(3) B.N.S., Police Station- Kothor, District- Meerut, during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the statements of the informant/victim, the applicant and the victim were in consensual relationship for a period of three years. The consensual sexual relationship which if continued between the parties for considerable period of 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 'sexual intercourse by employi