Neutral Citation No. - 2025:AHC:103588 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18614 of 2025 Applicant :- Shaqir Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Shaqir, seeking enlargement on bail during trial in connection with Case Crime No. 95 of 2025, under Sections 64, 351(3), 123 B.N.S., Police Station Afzalgarh, District Bijnor. 4. The first information report of the present matter was lodged on 02.04.2025 by Mohd. Jakariya against the applicant alleging therein that the applicant was maid in his house for taking care of his children and household work. He on the day of lodging of the report came back from his house and in the evening found his wife to be sad. He by consoling her asked her the reason for it on which she stated that on 15.02.2025 the applicant mixed some intoxicating substance in her tea and after consuming it she became unconscious and then taking benefit of it committed rape upon her. He threatened her of dire consequences. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the first information report has been lodged after about 45 days of the alleged incident. It is submitted that the delay in lodging of the first information report is unexplained. It is submitted that the applicant is doing private job and is earning his livelihood by the said job. It is submitted that the applicant and the first informant are friends and there was some discussion with regard to money between them which was the reason for false implication as the applicant was demanding the same back. The applicant has no criminal history as stated in para 5 of the affidavit and is in jail since 09.04.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the first information report has been lodged after about 45 days of the alleged incident for which there is no plausible explanation. 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- Shaqir, 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 :- 3.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad