Neutral Citation No. - 2025:AHC:123825 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20112 of 2025 Applicant :- Raghav Vishwakarma Alias Raghvendra Opposite Party :- State of U.P. Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant and Sri Bade Lal Bind, 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- Raghav Vishwakarma @ Raghvendra, seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2025 under Sections 69, 352, 351(2) B.N.S., Police Station Naubasta, District Kanpur Nagar. 4. The first information report of the present matter was lodged on 24.02.2025 by the victim against the applicant and Shivi Shukla alleging therein that in March 2024 she joined a music academy for learning music. She attended the classes for some days and in the meantime met Raghav Vishwakarma the Director of the academy who lured her and made false promises to her. He also made a promise to marry her and on the same pretext on 05.05.2024 in the academy and on 15.08.2024 in her house committed rape upon her. He used to pick & drop her on his motorcycle and used to establish physical relationship with her. On 02.01.2025 when she asked him to marry her, he had a fight with her and stated that he would not marry with such girl. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major women aged about 24 years. It is submitted that the relationship between the applicant and the victim was a consensual relationship on some discussion of marriage between them which could not materialize. It is submitted that the applicant and the victim were having relation since long and there was no objection by the victim with regard to any act of the applicant but after sometime the relationship became sour and since the discussion of marriage between the applicant and the victim could not materialize the present first information report has been lodged. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted, paragraph 13 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 26.02.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report, statement of the victim recorded under Section 180 B.N.S.S. and under Section 183 B.N.S.S. and there are allegations against him. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major women. The relationship between the applicant and the victim was a consensual relationship on some discussion of marriage between them which could not materialize, hence, the present first information report has been lodged. 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- Raghav Vishwakarma @ Raghvendra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) 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 :- 28.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad