Neutral Citation No. - 2025:AHC:113452 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18059 of 2025 Applicant :- Veeru Singh 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 and Sri V.D. Ojha, learned counsel 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 time was granted to him on 26.05.2025 by a co-ordinate Bench of this Court. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Veeru Singh, seeking enlargement on bail during trial in connection with Case Crime No. 62 of 2025, under Sections 376(2)(N), 354(B), 323, 504, 506 I.P.C., Police Station Dubauliya, District Basti. 5. The first information report of the present matter was lodged on 06.04.2025 by the victim against the applicant and 01 other person alleging therein that she was married to Daya Shankar around 10 years back and has two children from the said wedlock. Her husband lives in Mumbai and works there but has not come to the house since many years. Due to the same she had severe monetary distress. The applicant is a resident of the village of her maternal house and is a tempo driver. He on promises established physical relationship with her and since the last three years was making a promise to marry her. On 18.03.2025 at about 9 pm when she asked him to marry her after having physical relationship with him, he abused her, assaulted her and refused marriage. The first information report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the relationship between the applicant and the victim was a consensual relationship since last many years without any complaint whatsoever but subsequently the relationship became sour as the applicant refused marriage with the victim and the present first information report has been lodged. While placing paragraph 16 of the affidavit it is submitted that the applicant is involved in three other cases but in all the three cases he is on bail, the disclosure & explanation is given in the said paragraph. The applicant is in jail since 11.04.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman having two children. She had relationship with the applicant since last many years. Since the applicant was helping her as her husband did not come back to the house and she was in financial distress and the discussion of marriage between the applicant and the victim could not materialize and then the present first information report has been lodged. 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- Veeru Singh, 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. Order Date :- 15.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad