Neutral Citation No. - 2025:AHC:108137 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23628 of 2025 Applicant :- Gagan Alias Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Yogesh Kumar Tiwari, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Gagan @ Gopal, seeking enlargement on bail during trial in connection with Case Crime No. 74 of 2025, under Sections 69, 351(3) BNS, registered at Police Station Jawan, District Aligarh. 4. The FIR of the matter was lodged on 25.02.2025 by the victim against the applicant alleging therein that the applicant used to visit her village where he used to talk with her and tell her that he has fallen in love with her and would marry her. On 27.11.2024 he took her in a hotel and on a false promise to marry committed rape upon her. When the victim told him that she would make a complaint he pleaded not to do so and stated that he would marry her. He continued to exploit her. Now he has refused to marry her. She is aged about 20 year. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 20 years. It is submitted that the relationship was a consensual and some discussion of marriage between the parties which could not materialize and thus the present FIR has been lodged. It is submitted that the act of rape as alleged in the FIR is of 27.11.2024 but the FIR has been lodged after about 3 months for which there is no plausible explanation. It is submitted that the applicant is a driver by profession and sole earning member in his family, para 10 of the affidavit has been placed before the Court. It is further submitted that the applicant has no criminal history as stated in para 14 of the affidavit and is in jail since 07.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major girl aged about 20 years as stated by herself in the FIR. The relationship was a consensual relationship and some discussion of marriage between the parties which could not materialize and thus the present FIR has been lodged. The act of rape is alleged in the FIR is of 27.11.2024 but the FIR has been lodged after about three months. 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 Gagan @ Gopal, 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. 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 :- 9.7.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad