Neutral Citation No. - 2025:AHC:5764 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41064 of 2024 Applicant :- Pradyuman Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Ayush Singh,Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 88 of 2024, under Sections 376, 506 of I.P.C., Police Station Dullahpur, District Ghazipur, during the pendency of trial. 3. As per the prosecution case, in brief, victim lodged an F.I.R. on 16.07.2024 for the alleged offence under Sections 376, 328, 306, 506 I.P.C. and Section 67a of Information Technology (Amendment) Act, 2008 against the applicant, his father and uncle alleging inter alia that her husband used to live in other district for his work. She has a daughter aged about ten years. The applicant used to come to her house since long. At about 7-8 months back applicant came to her house and also brought some sweets. After eating said sweets she became unconscious and applicant committed misdeed with her and also made video. On gaining consciousness, applicant started blackmailing the complainant by saying that he made her obscene video and further said that if you act as per my wish, you will get the job in Anganwadi. On refusing the said proposal, the applicant sent her video on her husband's mobile phone. Thereafter her husband after seeing said video committed suicide. Thereafter the applicant tried his best to make physical relation with her on the pretext of marriage, but later he refused to marry her. 4. Main substratum of argument of learned counsel for the applicant is that the victim is a widow lady and is mother a child and she has made false allegation against the applicant in order to settle her personal score, so that the applicant under pressure may solemnize marriage with her. Referring the statement under Section 164 Cr.P.C. of the victim, learned counsel for the applicant submits that the victim has admitted that she was closed to the applicant who used to come to her house and 4-5 times physical relations were made with the consent of each other and as such it is not a case of rape but a case of consensual relation between the parties concerned. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 23.09.2024 having no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5. Per contra, learned Additional Government Advocate for the State vehemently opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and perusing the record, I find that victim is a widow lady and she was capable to understand the significance and morality of the act for which she was consenting with the applicant. I also find that victim has denied for her medical examination. So far as allegation of making obscene video of the victim and sending the same on the mobile phone of her husband is concerned, I find that no such material (video etc.) has been collected by the Investigating OfÏcer, therefore, charge sheet has not been submitted under the Information Technology (Amendment) Act, 2008, and as such said allegation is not prima facie corroborated from any material on record. 7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant-Pradyuman Rajbhar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 10.1.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad