Neutral Citation No. - 2025:AHC:55554 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5789 of 2025 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Kaushal Kumar,Mohit Singh,Shikhar Neelkanth Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mohit Singh, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Mukesh, seeking enlargement on bail during trial in connection with Case Crime No.100 of 2024, under Sections 64(1), 333 B.N.S., 2023, P.S. Badausa, District Banda. 4. The FIR of the matter was lodged on 19.7.2024 by Shiv Sagar against the applicant alleging therein that on 18.7.2024 his daughter age about 22 years was in the house alone at about 2 p.m. wherein accused came and committed rape upon her. In the meantime he reached the house and apprehended the accused. The people of mohalla and his brother collected there. Police was called on dial 112. Subsequently in his statement under Section 161 Cr.P.C. he states that the brother of the accused and other persons forcibly took away the accused from him. The FIR be thus 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 argued that the victim is a major girl. The present case is a case of consent. It is argued that when the victim was seen by the first informant, the present FIR has been lodged. It is argued that real fact is that the applicant gave Rs.50,000/- cash as loan to the informant during the wedding of informant's elder daughter Santoshi two years ago and when the applicant requested to repay the same, the informant with malicious intention, lodged the present FIR against the applicant after discovering the affair between the applicant and the prosecutrix. It has also been pointed out that the applicant is not having any criminal history as stated in para 5 of the affidavit. The applicant is in jail since 6.8.2024. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major girl. Although the case in the FIR that the applicant has been apprehended by the first informant but it is not such as subsequently the first informant in his statement states that brother of the accused took away the applicant. 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-Mukesh, 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/they 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 (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 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 BNSS, 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/them in accordance with law and the trial court may proceed against him/them under Section 269 BNS, 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 :- 16.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad