Neutral Citation No. - 2025:AHC:103712 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22931 of 2025 Applicant :- Rahul Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Brij Bhushan Upadhyay, 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- Rahul Singh, seeking enlargement on bail during trial in connection with Case Crime No.161 of 2025, under Section(s) 376, 328, 506 I.P.C. and 67, Information Technology Act, registered at P.S. Gandhi Park, District- Aligarh. 4. The F.I.R. of the matter was lodged on 19.4.2025 by the victim against the applicant alleging therein that she has two children and is a married lady. Around 06 years back she went to Patna when called by her company and during the said period she met the applicant who called her in a hotel where he gave her cold drink and after consuming it she was not in her senses then he committed rape upon her. He called her to his house and committed rape upon her. He clicked her nude and objectionable photographs and also made video of it. He called her to hotel many times and threatened her and established physical relationship with 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 aged about 40 years and a married woman having two children. It is submitted that the applicant and the victim were having consensual relationship and she used to visit the applicant often. It is submitted that the F.I.R. of the matter has been lodged after an unexplained delay of 09 years since the date of occurrence is from 01.01.2016 to 31.12.2016 but the F.I.R. has been lodged on 19.4.2025. It is further submitted that in so far as the allegations regarding objectionable photograph are concerned, when the Investigating Officer contacted her on which she gave photocopies of two photographs to him. It is submitted that the applicant has no other criminal antecedents as stated in para-28 of the affidavit and is in jail since 24.5.2025. 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 victim is aged about 40 years and a married woman having two children. The F.I.R. of the matter has been lodged after an unexplained delay of about 09 years. 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- Rahul Singh, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 3.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad