Neutral Citation No. - 2025:AHC:110912 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23959 of 2025 Applicant :- Ashwani Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Mishra,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ashwani Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 90 of 2025, under Sections 376, 323, 504 I.P.C., Police Station Pachokhara, District Firozabad. 4. The first information report of the present matter was lodged on 21.05.2025 by by the victim against the applicant and 03 other persons on the basis of an application under Section 173 (4) B.N.S.S. alleging therein that she was married around 15 years back and her husband although is driver by profession but was habitual to liquor due to which her married life was disturbed and she came to her maternal house and was living there. In the meantime, she met the applicant who is the cousin of her husband around three years back who offered her to marry her on which he took her to his house and stated of marrying her later and in the night established physical relationship with her. He continued to carry on the said relationship. On 05.01.2025 at about 11 pm she asked him to marry he assaulted her while he was making physical relationship with her. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim / first informant is a major married woman having two children. It is submitted that the relationship between the victim and the applicant was a consensual relationship and the relations later on became sour and thus the present first information report has been lodged. The applicant has no criminal history as stated in para 8 of the affidavit and is in jail since 04.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman. There was some discussion of marriage between the applicant and the victim which could not materialize hence the present first information report has been lodged. 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- Ashwani Kumar, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. Order Date :- 11.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad