Neutral Citation No. - 2025:AHC:114534 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18223 of 2025 Applicant :- Gulsher Opposite Party :- State of U.P. Counsel for Applicant :- Rishika Raj Singhal,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.,Mohd. Aslam Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shivendra Raj Singhal, learned counsel for the applicant, Sri Mohd. Aslam, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gulsher, seeking enlargement on bail during trial in connection with Case Crime No. 109 of 2025, under Sections 64(2)f, 64(2)m, 351(3) B.N.S., Police Station Kotwali Dehat, District Saharanpur. 4. The first information report of the present matter was lodged on 01.04.2025 by the victim against the applicant on the basis of an application moved under Section 175(3) B.N.S.S. dated 23.12.2024 alleging therein that on 03.12.2024 the applicant who is her devar and was having an evil eye on her came to her house and knocked the door and finding her alone caught hold of her son, threatened to murder her and committed rape upon. He made a video of it. He again on the next day threatening her of murdering her son committed rape upon her and threatened her of making her photo viral. She went to the police station to lodge a report on 04.12.2024 but the same was not lodged. Thus she moved an application to lodge a report. 5. Learned counsel for the applicant submitted that the victim is a major married woman having a child. While placing paragraph 20 of the affidavit it is submitted that the victim and her husband were having matrimonial discord and the said fact has been concealed by the victim in the prosecution version. It is submitted that the implication of the applicant in the present case is only because of the reason that there is a matrimonial discord between the victim and her husband and the applicant is her devar. It is submitted that the victim was produced before the doctor who has refused her internal and external medical examination. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 24.04.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the act of rape was repeated by the applicant even on the second day. He is named in the first information report and in the statements of the victim recorded during investigation. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman. There is matrimonial discord going on between her and her husband. The applicant is her devar. The case is of false implication. The first information report has been lodged on the basis of application moved under Section 173(4) B.N.S.S. read with Section 175(3) B.N.S.S. 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- Gulsher, 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 :- 16.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad