Neutral Citation No. - 2025:AHC:133010 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22107 of 2025 Applicant :- Shahrukh Khan Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.,Hitesh Kumar Srivastava Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Bhaskar Bhadra, learned counsel for the applicant, Sri Hitesh Kumar Srivastava, learned counsel for the first informant, Sri Ajay Singh, 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-Shahrukh Khan, seeking enlargement on bail during trial in connection with Case Crime No.71 of 2025, under Sections 333, 64 and 351(2) BNS, registered at P.S.Sirauli, District Bareilly. 4. The FIR of the matter was lodged on 22.2.2025 by the victim against the applicant and one other person alleging therein that on 19.2.2025 at about 11 p.m., she was alone in the house. The other persons had gone in the wedding. Her father and brother had gone to work. Finding her alone, Shahrukh Khan, the applicant, entered into the house and took her in the nearby lane and committed rape upon her. She raised shout on which some persons of the village came there and on seeing them coming, the applicant left her and ran away. On the next day when her mother came after which the information was given to her father and brother. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that in the statement recorded under Section 180 BNSS, the victim although does not specifically states of the place of occurrence but states that she was in the house and was raped whereas in her statement recorded under Section 183 B.N.S.S, she reiterates the version of the FIR. As such the place of occurrence is not consistent inasmuch as the reading of the statement of the victim recorded under section 180 B.N.S.S., goes to show that the same is the house whereas in the FIR and in the statement under Section 183 B.N.S.S., it is stated to be lane near the house. It is further argued that the victim is a major girl aged about 25 years. Even the C.M.O concerned has opined her age to be 25 years in the medical examination. While placing para 22 of the affidavit in support of bail application, it has been argued that it is a case of consent. It has also been pointed out that the applicant is not having any criminal history as stated in para 27 of the affidavit. The applicant is in jail since 21.3.2025. 6. Per contra learned counsel for the first informant and 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 girl as per medical examination report. The place of occurrence is not consistent. There is contradiction her statements recorded under section 180 B.N.S.S. and 183 B.N.S.S. 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-Shahrukh Khan, 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 :- 6.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad