Neutral Citation No. - 2025:AHC:50422 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3627 of 2025 Applicant :- Omkar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. 3. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Omkar, seeking enlargement on bail during trial in connection with Case Crime No. 743 of 2024, under Sections 64(2)(m), 87, 351(3), 333 B.NS., Police Station Bilari, District Moradabad. 4. On 05.02.2025 the following order was passed by a co-ordinate Bench of this Court:- "Learned A.G.A. prays for and is allowed two weeks' time to seek instructions in the matter with regard to alleged complaint of rape dated 10.10.2024 given by the victim against the applicant and his associates as mentioned in the First Information Report. Put up this case as fresh on 20.02.2025 before the appropriate Bench. It is made clear that this case shall not be treated as tied up or part-heard to this Bench." 5. An affidavit of the Investigating Officer dated 18.02.2025 in on record, a perusal of which goes to show that paragraph 3 states that no such application was received at the police station of the complainant / victim against the applicant and his associates with regard to previous allegation of rape which was stated to be given on 10.10.2024. Paragraph 3 of the said affidavit reads as under:- "13. That this Hon'ble Court directed to seek instructions with regard to alleged complaint of rape dated 10.10.2024 given by the victim against the applicant and his associates as mentioned in the first information report, in this regard, the deponent very respectfully submits herein that all the complaints received at the police station used to be entered in the Janshikayat Register of the Police Station concerned and a perusal of the aforesaid registered goes to show that no such application was received and further no such application was received. For kind perusal of this Hon'ble Court a photostat copy of the report given by Seema Rathi, concerned Sub-Inspector along with relevant extract of Janshikayat Register is annexed herewith as Annexure-1 to this affidavit." 6. The first information report of the present matter was lodged on 09.12.2024 by the victim / prosecutrix against the applicant and 04 other unknown persons alleging therein that on 05.10.2023 she was alone in the house wherein the applicant entered and pulled her inside the house and by extending threat with a country-made pistol raped her. He then threatened her that if she disclosed it to anyone he would murder her and her brother. She has a brother whose name is Rahul. The applicant is a Corporator of the locality and belongs to Peace Party. He had been continuously committing rape on her since then. He even continues rape many times in a day. On a complaint made by her mother she was lifted from the house and taken to the house of the applicant wherein the applicant had forcibly put sindoor on her. Previously a complaint was given by her on 10.10.2024 against the applicant and his associates at the police station. 7. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statements recorded under Section 180 B.N.S.S.and under Section 183 B.N.S.S. had disclosed her age as 20 years and as such is a major. It is further submitted that although as per the first information report the incident of rape has been continuing since 05.10.2023 but the present first information report has been lodged on 09.12.2024 which is after about 01 year & 02 months of the first day of the incident. It is submitted that there is no plausible explanation regarding the delay in lodging of the first information report. It is submitted that the applicant is a public representative and due to malafide intentions has been falsely implicated. The applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 23.12.2024. 8. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is a man of bad antecedents and since he is a Corporator, he has a influence in his area which was the reason for his committing the present incident. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. The first information report has been lodged after an unexplained delay. The victim has refused her medical examination. 10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 11. Let the applicant- Omkar, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 13. The bail application is allowed. 14. Pending application (s), if any, shall stand disposed of. Order Date :- 8.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad