Neutral Citation No. - 2025:AHC:115759 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24447 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anand Ji Mishra, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel 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 Salman, seeking enlargement on bail during trial in connection with Case Crime No. 287 of 2024, under Sections 64(1), 332 (b) BNS, registered at Police Station Nagfani, District Moradabad. 4. The FIR of the matter was lodged on 12.12.2024 by the victim against the applicant alleging therein that she met the applicant around five years back and used to roam with him. He on a false promise to marry clicked her photos and made a video and used to pressurize her to do illegal acts on her. On 11.12.2024 at about 09:00 pm finding her alone he entered in her house and committed rape upon her forcibly. He threatened her that if she tells it to anyone he will make the video and photos viral. He threatened her that he had already shown the video and photo to her in-laws and she got Talaak and now he will again show it to her second husband and get her Talaak. Report be lodged and action be taken. 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 married major woman aged about 31 years. It is submitted that the relationship between the victim and the applicant was a consensual relationship. It is submitted that some confusion between them arose and the relationship became sour and then the present FIR has been lodged. It is submitted that the applicant has no criminal history as stated in para 6 of the affidavit and is in jail since 12.12.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant by his mischievous act got the victim Talaak by showing her photographs and video to her first husband and was threatened her to show it her second husband so that he would again got Talaak. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim and the applicant were known since last five years. The relationship between them was a consensual relationship which later on appears to have become sour and the present FIR has been lodged. The victim is a married major woman aged about 31 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 Salman, 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 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad