Neutral Citation No. - 2025:AHC:107376 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15891 of 2025 Applicant :- Sachin Saroj Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chand Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Subhash Chand, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which he had prayed time on 17.5.2025 and 26.5.2025 which was allowed. 4.This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Sachin Saroj, seeking enlargement on bail during trial in connection with Case Crime No. 147 of 2023, under Sections 376D, 506, 323 I.P.C. registered at P.S. Jigna, District- Mirzapur. 5. The F.I.R. of the matter was lodged on 16.10.2023 by Smt. Sita Devi against Mangla Prasad alleging therein that on 16.10.2023 her daughter aged about 19 years told her that on 12.10.2023 at about 11:00 p.m. she was taken by Mangala Prasad to a secluded place and he committed rape upon her and threatened her not to disclose it to anyone else he would murder her and her family members. On coming to know about it, she along with her husband and daughter have come to police station. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the victim on the own showing in the F.I.R. is major aged about 19 years. It is submitted that the applicant has been falsely implicated in the present case. It is submitted while placing para-20 of the affidavit that the applicant is not named in the F.I.R. as well as in the statement of the victim under Section 161 Cr.P.C. It is submitted that subsequently in the statement recorded under Section 164 Cr.P.C. the victim names the applicant along with co-accused Luky and Rohit and all the three accused persons are alleged to have committed rape upon her and then co-accused Mangala Prasad is also stated to have committed rape. It is submitted that same is an afterthought and improvement in the prosecution case. It is argued that the applicant has no other criminal antecedents as stated in para-22 of the affidavit and is in jail since 16.5.2024. 7. Per contra, learned State counsel opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R., the statement of the informant and the victim recorded under Section 161 Cr.P.C. Naming of the applicant surfaces in the matter in the statement of the victim recorded under Section 164 Cr.P.C. 9. 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. 10. Let the applicant- Sachin Saroj, 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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 8.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad