Neutral Citation No. - 2025:AHC:130180 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22538 of 2025 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Mansur Ali Ansari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mansur Ali Ansari, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 01.07.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amit, seeking enlargement on bail during trial in connection with Case Crime No. 195 of 2025, under Sections 64, 123, 351(3) B.N.S., Police Station Bhuta, District Bareilly. 5. The first information report of the present matter was lodged on 09.05.2025 by Rajpal against the applicant alleging therein that on 07.05.2025 at about 2 pm his daughter was washing her clothes at the Government tap. In the meantime, Amit (the applicant) called her inside his house and made her smell some intoxicating substance after which he committed rape upon her. His daughter was not seen for a long time and then a search was launched after which she was found in his house. She is aged about 18 years & 02 months. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of consent. It is submitted that the victim went to the house of the applicant out of her own sweet-will. It is submitted that the medical examination of the victim does not show any recent injury on the body or private parts of the victim. It is submitted that charge-sheet in the matter has been submitted, paragraph 24(h) has been placed before the Court. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 18.05.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that on the own showing of the first informant the victim is a major girl. There is no injury found on her body or private parts. The victim went to the house of the applicant where she is alleged to have been raped. The investigation in the matter has concluded and charge-sheet has been submitted. 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- Amit, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 4.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad