Neutral Citation No. - 2025:AHC:20859 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3564 of 2025 Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the applicant, Sri Santosh Kumar Pandey, learned State Law Officer for the State and perused the material placed on record. It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. The applicant and main accused J.K. are the resident of same village. It is next submitted that applicant is not named in the F.I.R. and his name has been surfaced during trial in the statement of the victim. It is further submitted that there are material contradictions in the statements of the victim recorded under Sections 161 & 164 Cr.P.C. as well as statement recorded before the trial Court. In her statement recorded under Section 161 Cr.P.C., she clearly stated that she was having love affair with co-accused J.K. Even in her statement recorded under Section 164 Cr.P.C., she has not made allegation of rape against co-accused J.K. who has already been granted bail by this Court vide order dated 08.01.2021 passed in Criminal Misc. Bail Application No. 864 of 2021. Co-accused, namely, Sumit Kumar has also been released on bail by this Court vide order dated 19.11.2024 passed in Criminal Misc. Bail Application No. 41251 of 2024. It is further submitted that applicant is having no criminal history. He is languishing in jail since 06.12.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts. Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Rajendra, involved in Case Crime No. 422 of 2020 (S.T. No. 395 of 2021), under Section- 376-D IPC, Police Station-Katra, District Shahjahanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. This bail order would be subject to the fulfilment of following conditions:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; 5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. 7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.2.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad