Neutral Citation No. - 2025:AHC:130153 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22506 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.,Vijay Tripathi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Atul Pandey, learned counsel for the applicant, Sri Vijay Tripathi, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Akash, seeking enlargement on bail during trial in connection with Case Crime No. 94 of 2025, under Sections 64, 333, 351(2) B.N.S., Police Station Eka, District Firozabad. 4. The first information report of the present matter was lodged on 06.05.2025 by the victim against the applicant alleging therein that her husband and jeth were outside. She along with her jethani and children live in the house. On 05.05.2025 she was sleeping in the courtyard and her jethani was sleeping in her room wherein at about 11 pm the applicant came inside and on threat with a country-made pistol committed rape upon her. When she opposed the same he threatened her and her daughter of life. On shout her jethani and other persons woke and came at the place of occurrence. He then ran away leaving behind his chappal and condom. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major married woman and the present case appears to be a case of consent which when noticed by the family members has been reported. It is submitted that the items as alleged in the first information report to have been recovered at the place of occurrence go to show that the present case is a case of consent. The applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 09.05.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman. The applicant is stated to be a friend of her husband as per her statement recorded under Section 183 B.N.S.S. and used to visit the house since before. 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- Akash, 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. 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. Order Date :- 4.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad