Neutral Citation No. - 2025:AHC:101385 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21617 of 2025 Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Imtyaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Imtiyaz Ahmad, learned counsel for the applicant, Sri Ram Prakash Shukla, 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-Pushpendra, seeking enlargement on bail during trial in connection with Case Crime No.123 of 2025, u/s 333, 64 BNS, registered at P.S. Kotwali Sadar, District Pilibhit. 4. The FIR of the matter was lodged on 10.4.2025 by the victim against the applicant alleging therein that on 10.4.2025 the applicant entered in her house and committed rape upon her. She opposed it but he committed the offence. The medical be conducted and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that although the medical examination of the victim was conducted but the doctor did not find any injury either on her body or on her private parts and as such there is no corroboration of the allegation of rape from medical evidence. It is argued that the victim is a major married woman. It is further argued that the statements of the victim recorded during investigation show that the victim and the applicant used to talk on phone and it was then when the applicant reached the house of the victim and he was seen and then the present FIR has been lodged. The victim is a consenting party, para 19 and 20 of the affidavit in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit. The applicant is in jail since 10.04.2025. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major married woman. As per medical examination report, she has not received any injury either on her body or on her private parts. The victim and the applicant used to talk on phone. The case as pleaded is of consent. 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-Pushpendra, 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 :- 1.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad