Neutral Citation No. - 2025:AHC:132487 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18311 of 2025 Applicant :- Dinesh Alias Pucchi Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Singh,Shashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shashank Mishra, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel 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- Dinesh @ Pucchi, seeking enlargement on bail during trial in connection with Case Crime No. 212 of 2024, under Sections 65(2)K, 352, 351(2) B.N.S., Police Station Raipura, District Chitrakoot. 4. The first information report of the present matter was lodged on 17.12.2024 by Nathan Nishad against the applicant and family members of the applicant alleging therein that his daughter aged about 21 years is being raped by the applicant since the last one year. She told her parents many times about it on which they made a complaint to the parents of the applicant who threatened them. The accused is a powerful man. His daughter is having a pregnancy of about 7-8 months. 5. Learned counsel for the applicant submitted that the victim is a deaf and a dumb lady. It is submitted that the allegation against the applicant is of committing rape on her since the last one year but no complaint whatsoever was made either by the victim or her parents to the police or any authority. It is submitted that subsequently after a period of one year, the present first information report has been lodged. It is submitted while placing paragraph 2 of the supplementary affidavit dated 11.06.2025 which is already on record in which the deponent is Rajesh Kumar declaring himself as the brother of the applicant that the applicant is ready to keep his minor daughter aged about 05 months and the victim aged about 21 years with him and is ready to get married with her. It is submitted that the present case is a case of consent, paragraph 13 of the affidavit has been placed before the Court. It is further submitted that the victim and the applicant are major and the victim and her entire family were the consenting parties as the applicant resides in their house with their permission which was not opposed, paragraph 14 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 21.12.2024. 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 victim is a major girl. She has given birth to a child from the relationship of the applicant. The allegation of rape is of it being continued since the last one year. No previous complaint was made either by the victim or the first informant. 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- Dinesh @ Pucchi, 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 :- 6.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad