Neutral Citation No. - 2025:AHC:146036 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21949 of 2025 Applicant :- Rahmat Ali Urf Raja Opposite Party :- State of U.P. Counsel for Applicant :- Meena Mishra,Vinit Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Meena Mishra, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. A counter affidavit dated 11.7.2025 has been filed by the learned counsel for State which is on the record. Learned counsel for the applicant submits that she does not propose to file any rejoinder affidavit to the same. The Court proceeds to hear the matter. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Rahmat Ali Urf Raja, seeking enlargement on bail during trial in connection with Case Crime No. 0177 of 2025, under Section(s) 69, 78(2), 351(2) The Bhartiya Nyaya Sanhita (B.N.S.), 2023, registered at P.S. Naubasta, District- Kanpur Nagar (South Commissionerate, Kanpur Nagar), arising out of the F.I.R. dated 10.5.2025. 5. The F.I.R. of the matter was lodged on 10.5.2025 by Sabu Khan against the applicant alleging therein that on false promise to marry the applicant since last many years had been talking to his daughter on phone. When she used to go to school and college he had provided her a phone and SIM card on which he used to talk to her. He threatened her of not marrying anyone else he would inform about it to her in-laws. He used to blackmail her and on false promise to marry the applicant established physical relationship. 6. 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 aged about 25 years. It is submitted that relationship between the applicant and the victim was a consensual relationship on some discussion of marriage which did not materialize. It is submitted that the victim even visited to hotels with the applicant out of her own sweet will but she did not raise any opposition to the same. It is submitted that the present case is a case of consent. It is argued that the applicant has no other criminal antecedents as stated in para-13 of the affidavit and is in jail since 10.5.2025. 7. Per contra, learned State counsel opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is major woman aged about 25 years. Relationship between the applicant and the victim was a consensual relationship on some discussion of marriage which did not materialize. The present case appears to be a case of consent. 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- Rahmat Ali Urf Raja, 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 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 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 him in accordance with law and the trial court may proceed against 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. 13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 23.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad