Neutral Citation No. - 2025:AHC:105834 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21479 of 2025 Applicant :- Amar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ranjeet Singh, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amar Kushwaha, seeking enlargement on bail during trial in connection with Case Crime No. 19 of 2025, under Sections 87, 64(1), 74, 332-B, 351(3) B.N.S., Police Station Atarra, District Banda. 4. The first information report of the present matter was lodged on 09.01.2025 by the victim against the applicant and Kallu alleging therein that on 15.11.2024 at about 12:00 a.m., she was taking rest in her house wherein the applicant came and finding her alone knocked the door on which she opened it and then he enraged her modesty and raped her and made a video of it. He then threatened her to marry or else, he would make the video viral. He then again on 04.12.2024 at about 10:00 a.m. finding her alone came in the house with his friend took her on a motorcycle and raped her. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman, aged about 20 years. It is further submitted that, insofar as the initial incident of enraging modesty on 15.11.2024 is concerned, the same was not reported by the victim. It is also submitted that the present First Information Report is delayed, as the subsequent incident is alleged to have taken place on 04.12.2024, but the FIR was lodged only on 09.01.2025. 6. It is submitted, while placing to paragraph no. 18 that no video has been recovered from the applicant during the investigation. It is further submitted that the charge sheet in the matter has been submitted, the investigation has concluded, and there is no chances of the applicant tampering with the evidence. It is also submitted that the applicant has no criminal history, as stated in paragraph 23 of the affidavit, and he has been in jail since 19.01.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the alleged first incident of rape and enraging the modesty on 15.11.2024 was not complained off by the victim. Subsequently, it is alleged that on 04.12.2024 again the applicant took her and raped her but even then the present first information report has been lodged after a delay of about 54 days. The victim is a major woman. 9. 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. 10. Let the applicant- Amar Kushwaha, 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. 11. 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. 12. The bail application is allowed. 13. Pending application (s), if any, shall stand disposed of. Order Date :- 7.7.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad