Neutral Citation No. - 2025:AHC:38640 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5837 of 2025 Applicant :- Virendra Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Aarushi Khare,Ishan Khare Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ishan Khare, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the record. 3. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant Virendra Kushwaha, seeking enlargement on bail during trial in connection with Case Crime No. 375 of 2024, under Sections 64, 351(2), 333, 115(2) B.N.S.S., Police Station Kulpahar, District Mahoba. 4. The F.I.R. of the matter was lodged under Sections 74 and 351(2) B.N.S.S., 2023 by the victim against the applicant alleging therein that on 31.10.2024 at about 11:30 a.m., she had gone outside the house for some work wherein the applicant, resident of the same village, came there and forcibly caught her hand and enraged her modesty, on which, she opposed and then he threatened her of life. She became terrified. The report be lodged and action be taken. The statement of victim under Section 180 B.N.S.S., 2023 was recorded wherein, she reiterated the version of the first information report. Subsequently, her statement under Section 183 B.N.S.S., 2023 was recorded wherein, she changes her version and states that she was present in the house on the day of Deepawali and was cooking food wherein the applicant came, caught hold of her from behind, threw her down and committed rape upon her. She got terrified and later on told about it. The applicant while going back had threatened her. 5. Learned counsel for the applicant submits that the present case is a case of false implication. It is submitted that the story regarding the allegation of rape does not find place in the F.I.R. and in the statement of the victim recorded under Section 180 B.N.S.S. It is submitted while placing paragraph 17 of the affidavit that the victim is a married lady aged about 33 years. It is further submitted that although, the first information report was initially lodged under Sections 74 and 351(2) B.N.S.S., 2023 but after recording of the statement of victim under Section 183 B.N.S.S., the same was converted into a case under Sections 64, 351(2), 333 and 115(2) B.N.S.S., 2023. It is further submitted that the first information report has been lodged after unexplained delay of about one month and eight days. It is further submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 22.12.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the allegations of rape is not levelled in the F.I.R. and in the statement of victim / first informant under Section 180 B.N.S.S. Subsequently, in her statement recorded under Section 183 B.N.S.S., she alleges rape being committed by the applicant upon her. 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 Virendra Kushwaha 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.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.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 :- 18.3.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad