HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8621 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that about four years ago the applicant committed rape on her, and on being confronted, he promised marriage and continued physical relations. Later, when she insisted on marriage, the applicant and his family refused and threatened to defame her. On 21.03.2025, after her complaint at P.S. Mahmoodabad, the applicant executed a marriage agreement, promising marriage after six months, but again refused and is now planning to marry someone else. Despite her complaint on 09.06.2025 at P.S. Mahmoodabad, no action was taken, leading her to approach the S.P., Sitapur. 3. Learned counsel for the applicant submits that the present case is one of false implication and no offence under Section 69 BNS is made out. A perusal of the FIR as well as the victim’s statements recorded under Sections 180 and 183 BNSS shows that the allegation of rape has been levelled against the applicant, that too, in respect of an incident allegedly occurring four years ago. The charge sheet has been submitted under Sections 69 and 351(3) BNS. 4. It is further submitted that the victim is 28 years old and has refused to undergo medical examination. The applicant is in judicial custody since 23.06.2025 and has no criminal antecedents. There is no likelihood of his Versus Counsel for Applicant(s) : Rakesh Kumar Tripathi, Anuj Kumar Counsel for Opposite Party(s) : G.A. Vimal Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) absconding after release or of tampering with the prosecution witnesses. It is assured that, if granted bail, the applicant will not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the delay in lodging the FIR, the statements of the victim under Sections 180 and 183 BNSS, the submission of the charge sheet, and the fact that the applicant has been in custody since 23.06.2025 without any criminal history, I am of the view that it is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Vimal Kumar involved in Case crime no. 220/2025, u/s 69, 351 (3) of BNS, PS-Mahmoodabad, District Sitapur, be released on bail on his 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 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 in accordance with law. BAIL No. 8621 of 2025 2 (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 IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 10, 2025 R.C. BAIL No. 8621 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench