Neutral Citation No. - 2025:AHC:35548 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3892 of 2025 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.,Gaurav Sharma,Vijay Kumar Mishra Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the victim/complainant. By means of this application under Section 483 of BNSS, applicant Vikas, who is involved in Case Crime No. 331 of 2024, under Sections 69, 352, 351(3) of BNS, police station Sasni, district Hathras seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, victim lodged a first information report on 24.10.2024 against the applicant and his family members alleging inter alia that on the pretext of marriage, the applicant has been making physical relation with her for the last four years. He used to molest her and committed misdeed with her for three nights. When she asked for marriage, he refused for the same stating that his marriage has been settled somewhere else, therefore, he cannot marry her. On moving application dated 12.09.2024 to the police, the applicant and his family members were called at police station where they agreed for her marriage with the applicant but later on, they refused for marriage. Main substratum of arguments of learned counsel for the applicant is that as per own stand of the victim in her statements under Sections 180 and 183 BNSS, she was in relationship with the applicant for the last four years and physical relation between them was made with their own consent, hence it is not a case of rape but a case of consensual relationship between the parties concerned. 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 19.11.2024 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 as well as learned counsel for the informant vehemently opposed the prayer for bail of the applicant by contending that since beginning the victim was inclined to marry with the applicant and still she wants to solemnize marriage with him and in case, the applicant solemnizes marriage with the victim, she has no objection of any kind. It is also pointed out that first information report has been lodged only for mounting pressure upon the applicant to solemnize marriage with the victim. Hence, the bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the victim and the applicant both are major. The victim has refused for her internal medical examination and her statements under Section 180 and 183 BNSS clearly indicate that physical relation between them was made with their own consent. Since the victim was having relationship with the applicant for the last four years, hence possibility of false implication of the applicant making allegation of rape upon him 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 Vikas 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 officer 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 :- 11.3.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad