Neutral Citation No. - 2025:AHC:114845 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20294 of 2025 Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sadaful Islam Jafri, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Pradeep, seeking enlargement on bail during trial in connection with Case Crime No.192 of 2025, under Section(s) 64(1), 351(2) B.N.S., registered at P.S. Sikandrabad, District- Bulandshahr. 4. The F.I.R. of the matter was lodged on 25.2.2025 by Sanjay Saini against the applicant alleging therein that his daughter is aged about 19 years. Pradeep (the applicant) runs a dairy outside the lane of his house. On 21.2.2025 he took his daughter in a vacant house and committed rape upon her. He then called her many times to meet him but she refused and then on 21.2.2025 at about 02:00 p.m. the applicant committed rape upon her and clicked nude photograph. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that as per the F.I.R. the victim is aged about 19 years and as such she is major. It is submitted that the F.I.R. has been lodged after 04 days of the incident for which there is no plausible explanation. It is submitted that the victim has changed and improved her version in her statement recorded under Section 183 B.N.S.S. from that what she has been stated under Section 180 B.N.S.S. It is submitted that the victim and Samir were friends and both were seen by the applicant which was objected by him which is the reason for his false implication in the present case. It is submitted that charge sheet in the matter has been submitted against the applicant on 17.4.2025, para-29 of the affidavit has been placed, and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-27 of the affidavit and is in jail since 21.3.2025. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major girl. The victim was having friendship with some other boy and the case is that the applicant saw them and then was falsely implicated in the present case. The version of the victim under Section 183 B.N.S.S. shows an improvement and change of story. Charge sheet in the matter has been submitted against the applicant. 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- Pradeep, 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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 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. (Samit Gopal,J.) Order Date :- 16.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad