Neutral Citation No. - 2025:AHC:108619 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23666 of 2025 Applicant :- Anish Kumar Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pankaj Kumar Singh, 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-Anish Kumar Bhartiya, seeking enlargement on bail during trial in connection with Case Crime No.88 of 2025, under Sections 69, 352, 351(3) BNS, 2023, registered at P.S.Tharvai, District Prayagraj. 4. The FIR of the matter was lodged on 11.4.2025 by the victim against the applicant and two other persons alleging therein that she and the applicant Anish Kumar used to talk to each other and there was discussion of marriage between them on which her mother accepted the proposal. On 28.3.2025 at about 2 a.m., the applicant came to her house and established physical relationship with her against her wishes. Later on he refused for marriage. On 4.4.2025 at about 2. p.m., he along with two other accused persons came to her house and abused her that if she makes any pressure upon the applicant for marriage, they would murder her. 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 victim is a major girl aged about 19 years. The relationship between the applicant and the victim started while talking to each other and there was discussion for marriage after which physical relationship was established. The applicant has been implicated in the present case inasmuch as the marriage between the applicant and the victim could not materialize. It is further argued that the victim was produced before the doctor but she refused her medical examination externally and internally and as such there is no corroboration of the allegation of rape. It is further argued that there is delay in lodging of the FIR of 14 days which is unexplained. The investigation in the matter has concluded and charge sheet has been submitted, para 16 of the affidavit in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit. The applicant is in jail since 12.4.2025. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major girl. The victim and the applicant were talking to each other and had decided to marry but in the meantime physical relationship was established. The applicant then refused her to marry. Thus the present FIR 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-Anish Kumar Bhartiya, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. (Samit Gopal, J.) Order Date :- 9.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad