Neutral Citation No. - 2025:AHC:131855 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22742 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi,Birendra Kumar,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Birendra Kumar, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record. 3. Learned A.G.A. submits that he has received instructions in the matter for which time was prayed and was allowed on 02.07.2025. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Akash, seeking enlargement on bail during trial in connection with Case Crime No. 34 of 2025, under Section(s) 64(2)M, 351(2) I.P.C. registered at P.S. Kapoorpur, District- Hapur. 5. The F.I.R. of the matter was lodged on 24.2.2025 by Mahesh Kumar against the applicant, Vinay Kumar and Nitin alleging therein that his daughter "A" aged about 19 years and the other daughter "B" aged about 17 years were studying in college in the year 2024 and used to go there in a private vehicle. Vinay Kumar allured and enticed his daughter "B" whereas Akash Tomar (the present applicant) enticed away his daughter "A" and both the accused persons took them to a hotel where they committed rape upon them and made a video of it. On a threat of the said video they committed rape on them many times. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that in so far as the applicant is concerned the allegation against him is of alluring and enticing away the victim "A". It is submitted that the victim "A" is a major girl aged about 19 years. It is further submitted that the victim "A" accompanied the applicant to a hotel out of her own sweet will. It is submitted that the medical opinion states that there are no signs of use of force on her and as such the allegation of rape does not gets corroborated from the medical evidence. It is submitted that the applicant was previously involved in one case in which he has been granted bail, para-25 of the affidavit has been placed for the same and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is submitted that charge sheet in the matter has been submitted against the applicant on 22.5.2025, para-24 and annexure no. 8 to the affidavit have been placed for the same. It is argued that the applicant is in jail since 02.4.2025. 7. Per contra, learned State counsel opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim "A" is a major girl aged about 19 years. She accompanied the applicant to a hotel. There was no resistance or objection by her for the same. Charge sheet in the matter has been submitted against the applicant. 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- Akash, 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. 12. 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. 13. The bail application is allowed. 14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 5.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad