Neutral Citation No. - 2025:AHC:55334 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5983 of 2025 Applicant :- Vikas Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A.,Krishna Kant Bhatt Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri D.M.Tripathi, learned counsel for the applicant, Sri Krishna Kant Bhatt, learned counsel for the first informant 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- Vikas Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2024, under Sections 78(1), 65(1), 352 B.N.S. & Section 3/4 Protection of Children From Sexual Offences Act, Police Station Paschhim Sarira, District Kaushambi. 4. The first information report of the present matter was lodged on 11.08.2024 by Rajulia Devi under Sections 78(1), 352 B.N.S., 2023 against the applicant alleging therein that the applicant who is the neighbour on a false promise to marry her daughter since the last one year had been enraging her modesty. When her daughter 10 days back asked him to marry her, he refused marriage. He threatened her and abused her. The incident is from 26.09.2023 to July 2024. A report 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 first information report has been lodged after an unexplained delay of about one year. It is submitted that the victim was medically examined and as per the C.M.O. concerned, she is aged about 16-17 years of age and thus by giving the benefit of variation of two years she would be a major. It is submitted that the victim in her statement recorded under Section 180 and Section 183 B.N.S.S. for the first time stated that the applicant committed rape on her. It is submitted that then in the present case Section 65(1) B.NS. has been added. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 04.11.2024. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that for the last one year the applicant had been making false promise to marry with the victim and when he refused marriage and then the present first information report has been lodged. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim and the applicant were in relationship since the last one year. The was some discussion of marriage between them which could not materialize, hence, the present first information report has been lodged. 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- Vikas Kumar, 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. Order Date :- 16.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad