Neutral Citation No. - 2025:AHC:51079 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4648 of 2025 Applicant :- Faiz Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Sandeep Narayan Rai Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on records. 3. Sri Sandeep Narayan Rai, learned counsel for the first informant is not present even in the revised list. 4. The vakalatnama of Sri Sandeep Narayan Rai is not on record, despite the fact that his name is printed in the cause list. 5. Office to trace out the same and place it on record and make a note in the order sheet about it. 6. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Faiz seeking enlargement on bail during trial in connection with Case Crime No. 202 of 2024, under Sections 70(1), 333, 352, 351(2) B.N.S., Police Station Ughaiti, District Budaun. 7. The first information report of the present matter was lodged on 15.08.2024 by Chandra Pal against the applicant alleging therein that on 12.08.2024 at about 10:30 p.m., he was sleeping at the roof of his house and daughter of the son of his nephew was sleeping in the house wherein he heard some sound and found that the applicant had entered into the house and had been outraging the modesty of the girl. He was tried to be apprehend him but he ran away extending threats. The victim was interrogated under Section 180 B.N.S. who corroborated the prosecution version. Subsequently, in her statement recorded under Section 183 B.N.S.S., she for the first time states that the applicant came inside the house with one unknown person and he committed rape upon her and after getting free, she raised a sound. 8. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the implication of the applicant in the matter is with mala fide intention and the allegation of rape is an afterthought. It is submitted that the first information report was initially lodged under Sections 70, 333, 352, 351(2) B.N.S., after which the case was converted under Sections 70(1), 333, 352, 351(2) B.N.S. It is further submitted that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 05.06.2024. 9. Per contra, learned counsel for the State opposed the prayer for bail. 10. After having heard learned counsel for the parties and perusing the record, it is evident that insofar as the allegation of rape is concerned, the same does not find place in the F.I.R. and in the statement of the victim recorded under Section 180 B.N.S.S, subsequently in the statement of victim under Section 183 B.N.S.S. she alleges that the applicant has committed rape upon her. 11. 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. 12. Let the applicant- Faiz 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. 13. 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. 14. The bail application is allowed. 15. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 8.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad