Neutral Citation No. - 2025:AHC:115942 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22052 of 2025 Applicant :- Anil Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kumar Dubey,Ashutosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ashutosh Kumar Shukla, ounsel for the applicant, Sri Ajay Singh, learned AGA-I 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 Anil Kumar Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 231 of 2025, under Section(s) 69, 352, 351(3) Bhartiya Nayaya Sanhita, 2023, registered at P.S. Chiluatal, District- Gorakhpur. 4. The F.I.R. of the matter was lodged on 06.4.2025 by the victim against the applicant on the basis of an application under Section 173(4) B.N.S.S. alleging therein that on false promise to marry since the last six years the applicant has been committing rape upon her. A male child Gaurav was born around 04 years back. Whenever she asks the applicant to marry her, he avoids it. On 05.5.2023 at about 11:00 am the applicant committed rape upon her. When she forced him to marry her, he abused and threatened her. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that relationship between the applicant and the victim was a consensual relationship since the last six years and a child was born who at present is aged about 04 years. It is submitted that the F.I.R. has been lodged after about 06 years without any plausible explanation with regards to delay in lodging of the same. It is submitted that the the F.I.R. has been lodged on the basis of an application under Section 173(4) B.N.S.S. It is submitted that the victim is a major woman. It is argued that the applicant has no other criminal antecedents as stated in para- 29 of the affidavit and is in jail since 23.5.2025. 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 the applicant and the victim were in relationship since the last 06 years and a child was born who as of now is aged about 04 years. The F.I.R. has been lodged with inordinate delay for which there is no plausible explanation. 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- Anil Kumar Yadav, 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. 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 :- 17.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad