Neutral Citation No. - 2025:AHC:14188 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3013 of 2025 Applicant :- Mohd Islam Opposite Party :- State of U.P. Counsel for Applicant :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this application under Section 483 of BNSS, applicant Mohd Islam, who is involved in Case Crime No. 349 of 2024, under Sections 64(2)m, 191(2), 115(2), 352, 351(2) of BNS, police station Shahi, district Bareilly seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, victim lodged the first information report on 18.10.2024 under Sections 64(2)(m), 191(2), 333, 115(2), 352, 351(2) of BNS against the applicant and his family members stating inter alia that her divorce with her husband took place about four years ago. Thereafter, he died. The applicant has been committing rape on her for the last two years on the pretext of marriage. When she mounted pressure for marriage, he denied. Referring the statements under Section 180 and 183 BNSS of the victim, main substratum of arguments of learned counsel for the applicant is that the victim has stated inter alia that after two years of divorce from her husband, she came in the contact of the applicant and gradually they started loving each other, therefore, physical relation between them was made with their consent. They were also agreed for marriage. Now the applicant is refusing for marriage, hence her statement clearly indicates that it is not a case of rape but a case of consensual relation between them. The applicant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 09.11.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that consensual relations between the parties concerned for the last two years are admitted. I also find that it is not a case of misconception of fact while giving consent because the victim is a married lady having experience of sex and was having adequate knowledge about the significance and morality of the act for which she was consenting to, therefore, possibility of false implication of the applicant cannot be ruled out. 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, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Mohd Islam 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, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 31.1.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad