Neutral Citation No. - 2025:AHC:125054 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23404 of 2025 Applicant :- Rinku Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- Bipin,G.A.,Vibhav Srivastava Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajnish Dubey, learned counsel for the applicant, Sri Bipin Shukla, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rinku Sonkar, seeking enlargement on bail during trial in connection with Case Crime No. 130 of 2025, under Sections 69, 115(2), 351(2) B.N.S, Police Station Sarai Inayat, District Allahabad. 4. The first information report of the present matter was lodged on 04.05.2025 by the victim against the applicant and two other persons alleging therein that she was married to Birendra Kumar in the year, 2015, who after an accident and long treatment died on 10.01.2020. After the death of her husband, the applicant, who is her Devar, offered to marry her and, on the false pretext of marriage, established physical relationship with the victim over the last five years. She asked him to marry her many times, but he avoided. When she insisted on marriage, he said that he would marry someone else. He exploited the victim and has misused his relationship as being Dewar and committed rape upon her. The F.I.R. be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a widow lady and applicant is her Dewar. It is submitted while placing paragraph 19 of the affidavit that the relationship between the applicant and first informant was out of free consent and both are major. It is further submitted that the first informant has misused her position as the bhabhi and has lodged the F.I.R. It is also submitted that the charge sheet has been submitted against the applicant, as stated in paragraph 14 of the affidavit. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 09.06.2025. 6. Per contra, learned counsel for the first informant and learned for the State opposed the prayer for bail and submitted that the applicant used the victim on a false pretext of marriage and subsequently, refused to marry with her. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the Devar of the first informant/victim. The relationship between them developed after the death of husband of the victim. However, the marriage could not materialize as the applicant refused to marry her. 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- Rinku Sonkar, 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. 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 :- 29.7.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad