Neutral Citation No. - 2025:AHC:131715 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22804 of 2025 Applicant :- Vijay Alias Joni Opposite Party :- State of U.P. Counsel for Applicant :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Mohd. Naushad Siddiqui Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Devendra Singh, Advocate, holding brief of Sri Asheesh Kumar Tiwari, learned counsel for the applicant, Sri Mohd. Naushad Siddiqui, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. Despite name of Sri Mohd. Naushad Siddiqui being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vijay Alias Joni, seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2025, under Section(s) 64, 333, 351(2) B.N.S., registered at P.S. Titavi, District- Muzaffar Nagar. 5. The F.I.R. of the matter was lodged on 23.04.2025 by Ramkumar against the applicant alleging therein that on 11.4.2025 at about 11:30 a.m.when he had gone to his shop he came to know that Vijay@Joni (the present applicant) came to his house and committed rape upon his wife. He threatened her of dire consequences. On information he and other persons reached there but the accused ran away. He then kept silent considering it to be a matter of respect. Then on 22.4.2025 at about 08:15 a.m. the accused again finding time called on the mobile of his wife and talked immorally and again forced her to establish physical relationship with him. His wife then called him on phone and told him of about it. A F.I.R. against the accused be lodged and action be taken against him. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that incident of rape is alleged to have taken place on 11.4.2025 but the first informant and the victim remained silent till 23.4.2025 and it was only on 23.04.2025 which is after about 12 days of the alleged incident of rape, the present F.I.R. has been lodged. It is submitted that there is no credible evidence regarding making of call on mobile phone of the victim and talking immorally to her. It is submitted that the allegations in the present matter are concocted and afterthought just in order falsely implicate and harass the applicant. It is submitted that during investigation no such call details with regards to any such conversation has been recovered, para-19 of the affidavit has been placed before the Court for the same. It is submitted that charge sheet in the matter has been submitted against the applicant on 08.6.2025 and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-27 of the affidavit and is in jail since 05.05.2025. 7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that it was only because of respect the first incident of rape was not reported by the informant and by the victim and the said fact is also mentioned in the F.I.R. It is submitted that only then when for the second time the applicant made a call on the victim's mobile and pressed her for physical relationship with him, the same was reported and thus delay in lodging of the F.I.R. has been explained. It is submitted that charge sheet against the applicant has been submitted that on 08.6.2025 and as such he is involved in the matter. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the incident of rape is alleged to have taken place on 11.4.2025 but the first informant and the victim remained silent till 23.4.2025 and it was only on 23.04.2025 which is after about 12 days of the alleged incident of rape, the present F.I.R. has been lodged for which there is no plausible explanation. 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- Vijay Alias Joni, 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. (Samit Gopal,J.) Order Date :- 5.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad