Neutral Citation No. - 2025:AHC:51077 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4597 of 2025 Applicant :- Hamid Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Zulekha Begum, Advocate holding brief of Sri Mohammad Waseem, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Hamid seeking enlargement on bail during trial in connection with Case Crime No. 489 of 2024, under Sections 74, 352, 351(2), 64(2m) B.N.S., Police Station C.B. Ganj, District Bareilly. 4. The first information report of the present matter was lodged on 09.10.2024 by the victim against the applicant alleging therein that the applicant, who is Dewar, used to come inside the house and outraged her modesty when her husband used to go for work. Being annoyed with it, she with her husband went to different place to live, where also he started coming and threatened that wherever she will go, he will keep coming there. Hence, F.I.R. be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the Dewar of the victim. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. has reiterated the version of the F.I.R. but in her statement recorded under Section 183 B.N.S.S, for the first time, she states that the applicant has committed rape upon her. It is further submitted that initially, the F.I.R. was lodged under Sections 74, 352, 351(2) B.N.S. but after the statement of the victim under Section 183 B.N.S.S. in the present case, Section 64(2m) B.N.S. was added. It is further submitted that the allegations regarding rape has been surfaced for the first time in the statement of victim under Section 183 B.N.S.S. which is an afterthought. It is further submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 14.01.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the Dewar of the victim / first informant. There is no allegation of rape against the applicant in the F.I.R. and in the statement of the victim under Section 180 B.N.S.S. which subsequently, finds place in the statement of the victim under Section 183 B.N.S.S. 8. 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. 9. Let the applicant- Hamid 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. 10. 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. 11. The bail application is allowed. 12. 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