Neutral Citation No. - 2025:AHC:53870 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5922 of 2025 Applicant :- Vijaypal Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri Birendra Pratap Singh, 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-Vijaypal Chauhan, seeking enlargement on bail during trial in connection with Case Crime No.267 of 2024, under Sections 376 IPC, registered at Police Station Sonha, District Basti. 4. The FIR of the matter was lodged on 24.10.2024 under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act by Nazir against the applicant and Virendra Chauhan alleging therein that the applicant committed rape repeated times on his grand-daughter. He even on the pretext of getting her employment took her and committed rape on her many times. 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 charge sheet dated 7.12.2024 has been submitted against the applicant under Section 376 IPC only wherein Sections 363, 366 IPC and 3/4 POCSO Act have been deleted. In so far as co-accused is concerned, he has been exonerated in the present matter. It is argued that the victim went with the applicant out of her own sweet-will. While placing para no.7 of the affidavit in support of bail application, it has been submitted that the incident in the present matter occurred on 5.5.2024 and FIR has been lodged on 24.10.2024 which is after about five and half months for which no explanation has been given. It has also been pointed out that the applicant is not having any criminal history as stated in para 18 of the affidavit. The applicant is in jail since 5.11.2024. 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 FIR has been lodged under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act but charge sheet has been submitted against the applicant under Section 376 IPC only whereas other Sections have been deleted in the present matter. The victim is a major girl. She travelled at many places with 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-Vijaypal Chauhan, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 11.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad