Neutral Citation No. - 2025:AHC:108493 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23577 of 2025 Applicant :- Mahtab Alam Alias Kaliya Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh,Sanjay Agrawal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri D.M. Tripathi, Advocate files his vakalatnama today in Court on behalf of the first informant, the same is taken on record. 3. Heard Sri Kamal Singh, learned counsel for the applicant, Sri D.M. Tripathi, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 4. This bail application under Section 483 BNSS has been filed by the applicant-Mahtab Alam Alias Kaliya, seeking enlargement on bail during trial in connection with Case Crime No.198 of 2025, under Sections 64, 87 BNS, registered at P.S.Shikohabad, District Firozabad. 5. The FIR of the matter was lodged on 27.3.2025 by Brajesh Kumar against the applicant alleging therein that on 26.3.2025 his sister went for the market at about 3 p.m. who has not returned back. She is aged about 20 years. He has come to know that his sister has been lured and enticed away by the applicant. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the present case is a case of consent inasmuch as the victim has stated her age to be 26 years and she is a major girl. She has stated that she knows the applicant since long and they used to talk to each other and the applicant told her to accompany him to roam after which he took her to a room and committed rape upon her, the same goes to show that the victim consented and went with the applicant out of her own sweet-will. It is argued that the investigation in the matter has concluded and charge sheet has been submitted, para 13 of the affidavit in support of bail application has been placed before the Court. It is further argued that the victim was produced before the doctor but she refused her medical examination externally and internally and as such there is no corroboration of the allegation of rape. It has also been pointed out that the applicant is not having any criminal history as stated in para 15 of the affidavit. The applicant is in jail since 10.4.2025. 7. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major girl. She went with the applicant on saying of the applicant to accompany him to roam after which she was taken to a room, after which she alleges to have been raped. The charge sheet in the matter has been submitted. The victim has refused her medical examination externally and internally. 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-Mahtab Alam alias Kaliya, 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. 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. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 9.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad