Neutral Citation No. - 2025:AHC:105709 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20659 of 2025 Applicant :- Kuvarpal Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Vardhan Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Aditya Vardhan Singh, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Kuvarpal, seeking enlargement on bail during trial in connection with Case Crime No.102 of 2025, under Sections 87, 64(1), 115(2) B.N.S., Police Station Anoopsahar, District Bulandsahar. 4. The FIR of the matter was lodged on 9.3.2025 by Sonu against the applicant alleging therein that on 7.3.2025 at about 6.30 a.m. his sister had gone to ease herself from where the applicant enticed her away. On 7.3.2025, he received an information from the police on phone that his sister is in the hospital in an injured condition on which he reached there where she told him that the applicant took her to a hotel, committed rape upon her and assaulted her. After committing rape, the applicant ran away leaving her in the hotel. Some person of the hotel then got her admitted in the hospital. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the story as narrated in the FIR is a concocted story inasmuch as the statement of the victim recorded under Section 183 B.N.S.S. goes to show that the applicant and the victim were friends after which on 11.5.2024, she was married to another person. Then on 7.3.2025, she was going to market wherein she states that the applicant kidnapped her. It is argued that the same is false and incorrect inasmuch as the alleged hotel where she was found does not in any manner show that there has been any kidnapping or rape but to the contrary shows that the victim had gone out of her own sweet-will. It is argued that the applicant and the victim then consumed some intoxicating substance and both were found in an intoxicating condition in the room of hotel by the Manager and another person after which she was taken to hospital. It has also been pointed out that the applicant is not having any criminal history as stated in para 12 of the affidavit. The applicant is in jail since 12.3.2025. 6. Per contra learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR and the victim was found in the hotel with the applicant, as such the prayer for bail be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that that the victim is a married major woman. The applicant and the victim were friends before her marriage. The applicant and the victim were found in an intoxicated condition in the room of hotel, the same shows that she was consenting party. 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-Kuvarpal, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 :- 7.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad