CRIMINAL MISC. BAIL APPLICATION No. 44005 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44005 of 2025 Sarvesh .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Janardan Yadav, Manikant Yadav Counsel for Opposite Party(s) : G.A. Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri N.K.Sharma, learned AGA for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 219 of 2025, under Sections 69, 89, 352, 351(3) BNS, Police Station Rani Ki Sarai, District Azamgarh during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The first information report was lodged belatedly. Placing reliance on the statement of the victim under Section 183 BNSS, it is contended that the applicant and the victim were in consensual relationship for a considerable period of time. 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 BNS and cou