Neutral Citation No. - 2025:AHC:107352 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23418 of 2025 Applicant :- Ranjeet Raikwar Alias Nawal Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Navin Kumar Srivastava, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Ranjeet Raikwar Alias Nawal Kishor, seeking enlargement on bail during trial in connection with Case Crime No.70 of 2024, under Sections 376, 328, 313, 506 IPC and Section 67-A of I.T. Act, P.S. Baragaon, District Jhansi. 4. The FIR of the matter was lodged on 14.3.2024 by the victim against the applicant and eight other persons alleging therein that she has a dispute with her husband Sanjeev Raikwar since the last two years and is living in her maternal house. The accused- applicant who is her relative, used to visit her house. On 1.1.2024 at about 10 p.m., the applicant came to her house and gave her prasad which was mixed with some intoxicating material which was consumed by her and then she became unconscious and then the applicant committed rape upon her. He then informed her that he has taken her objectionable photographs and made a video and if she discloses it to anyone, he would make it viral and murder her. She got terrified due to the said threat. She became pregnant due to rape committed by the applicant and gave information about it after which he on the pretext of giving her medicine of headache, gave her medicine for abortion due to which her pregnancy was aborted in February, 2024. He made her photographs and video viral on social media. A report 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 argued that the trial in the matter has started in which the victim was examined as P.W.2 wherein she did not support the prosecution case and has been declared hostile. The victim has totally disowned the entire prosecution version, copy of the statement of the victim has been placed before the Court as annexure no.8 to the affidavit in support of bail application. It is further submitted that no such objectionable photograph or video has been made viral by the applicant on social media. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 17.3.2024. 6. Per contra learned counsel for the State opposed the prayer for bail but could not dispute the arguments as aforesaid. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the relative of the victim. The victim in the trial has not supported the prosecution case and has been declared hostile while being examined as P.W.2. No such objectionable photograph or video as alleged have been uploaded by the applicant on social media. 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-Ranjeet Raikwar Alias Nawal Kishor, 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. (Samit Gopal, J.) Order Date :- 8.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad