Neutral Citation No. - 2025:AHC:55754 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7178 of 2025 Applicant :- Vimlesh Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra,Ramesh Kumar Panday Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ramesh Kumar Pandey, 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-Vimlesh Paswan, seeking enlargement on bail during trial in connection with Case Crime No.133 of 2024, under Sections 351(2), 333, 70(1) B.N.S., 2023, P.S. Raipur, District Sonbhadra. 4. The FIR of the matter was lodged on 3.12.2024 by Jira Devi against the applicant and four other persons alleging therein that she was living with her daughter. On 28.11.2024 in the night at about 1 a.m., the accused persons entered in her house and took away her daughter. On 2.12.2024 she came back. She is aged about 19 years. She then told her that the accused persons forcibly took her and committed rape upon her. FIR be thus lodged and action be taken. 5. Learned counsel for the applicant argued that the allegations in the FIR are false, exaggerated and concocted inasmuch as the victim in her statements recorded under Sections 180 and 183 BNSS has stated that co-accused Neeraj committed rape upon her. In so far as applicant and other co-accused persons are concerned, they have been assigned the role of facilitating co-accused Neeraj by catching-hold of the victim when co-accused Neeraj was committing rape. It is argued that as per FIR itself the victim is a major girl. Co-accused Bindu Gupta and Umesh Yadav have been granted bail by coordinate Bench of this Court vide orders dated 18.2.2025 and 1.4.2025 passed in Criminal Misc. Bail Application Nos.5068 of 2025 and 5496 of 2025 respectively, copies of the said orders produced by learned counsel for the applicant is taken on record. It is argued that the case of the applicant is distinguishable with that of co-accused Neeraj who has committed rape upon the victim. It has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit. The applicant is in jail since 5.12.2024. 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 applicant has been assigned the role of facilitating to co-accused Neeraj by catching-hold of the victim. The victim is a major girl. Co-accused have been granted bail by coordinate Bench of this Court. The case of the applicant is distinguishable with that of co-accused Neeraj who has committed rape upon the victim. 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-Vimlesh Paswan, 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 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 (s) 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