Neutral Citation No. - 2025:AHC:107286 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22632 of 2025 Applicant :- Akram Opposite Party :- State of U.P. Counsel for Applicant :- Niharika Singh Parihar,Suresh Chandra Counsel for Opposite Party :- Arvind Kumar Dixit,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Suresh Chandra, learned counsel for the applicant, Sri Arvind Kumar Dixit, learned counsel for the first informant and Sri Ajay Kishore Shukla, learned counsel for the State and perused the material on record. 3. Office to trace out the vakalatnama of Sri Arvind Kumar Dixit, Advocate and place it on record and make a note in the order sheet about it. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Akram, seeking enlargement on bail during trial in connection with Case Crime No. 64 of 2025, under Sections 70(1), 351(2) BNS and Section 67 I.T. Act, registered at Police Station Harduwaganj, District Aligarh. 5. The FIR of the matter was lodged on 21.02.2025 by the victim against the applicant and Akash alleging therein that on 09.07.2024 she went to a doctor to show her ear where she met the applicant. She was called again on 16.07.2024 wherein again the applicant met her. While returning he offered her to accompany on his motorcycle. He was known from before and she accompanied on his motorcycle. On the way he offered cold drink to her after which she became semiconscious and then he committed rape on her and also clicked her objectionable photographs in nude position. He showed her photographs and started blackmailing her. Both the accused persons then started having relationship with her. In the meantime, he took Rs. 15,000 - 20,000 on various dates from her. On 03.09.2024 again she requested the applicant to delete the said photographs on which he called her in a hotel where he committed rape upon her and accused Akash was standing at guard outside. Then on 10.02.2025 at about 02:00 pm when she had gone to field wherein both the accused persons came there and by threatening with country made pistol and knife committed rape upon her one by one. 6. 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. It is submitted that the first incident of rape as alleged by the victim was on 16.07.2024 but on that or even later on no complaint was made by her or her family members. It is submitted that even the FIR has been lodged after 11 days since the last allegation of rape as alleged by the victim. While placing para 16 of the affidavit it is submitted that there is no viral video available on record. Further while placing para 20 of the affidavit it is submitted that charge sheet in the matter has been submitted against the applicant on 08.06.2025. It is submitted that the applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 20.04.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him of committing rape upon the victim. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major married woman. The applicant was known to her since before. The first incident of rape is alleged to be committed on 16.07.2024 and other dates later on, no complaint was made earlier for the same. The FIR thus is quite delayed without any plausible explanation. No video as alleged by the victim has been recovered. 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 Akram, 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. Order Date :- 8.7.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad