Neutral Citation No. - 2025:AHC-LKO:47211 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7269 of 2025 Applicant :- Ankit Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Shailendra Singh Rajawat,Purnima Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Sri Alok Kumar Singh on behalf of complainant is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.371 of 2025, under Sections 69, 351(3) of BNS, P.S. Sadar Kotwali, District Kheri. In the prosecution case it is alleged that two years ago, the victim/complainant entered into friendship with the applicant through Facebook. It is alleged that two years ago, the applicant came to the room of the victim and raped her. He has also taken obscene photographs of the victim and promise the victim to marry. He has also threatened her to make the photographs viral. Now it is alleged that applicant is not ready to marry the victim. Learned counsel for applicant submits that victim is major aged about 32 years as per the admitted case of the prosecution. In the statement under Sections 180 & 183 BNSS no date of incident has been mentioned. The F.I.R. has been lodged admittedly after two years of delay without any explanation. He submits that victim is a consenting party. The attention of the court has been invited towards the various chat messages which are on record between the applicant and the victim. There is lack of corroborative medical evidence in support of the prosecution case. Applicant has no criminal history. He submits that the applicant is in jail since 18.06.2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 18.06.2025, victim is major and prima facie from perusal of record, victim appears to be a consenting party, F.I.R. has been lodged after unexplained delay of two years, applicant has no criminal history, charge-sheet has been filed and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ankit Verma be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 Panel Code (now Section 209 BNS). Order Date :- 13.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench