Neutral Citation No. - 2025:AHC:115547 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24595 of 2025 Applicant :- Prateek Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.,Rohan Gupta Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant, Sri Rohan Gupta, learned counsel for the first informant and 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., 2023 has been filed by the applicant- Prateek Singh, seeking enlargement on bail during trial in connection with Case Crime No. 225 of 2025, under Sections 115(2), 69 B.N.S., Police Station Ecotech-III, District Gautam Buddha Nagar. 4. The first information report of the present matter was lodged on 11.06.2025 by the victim against the applicant alleging therein that she is a resident of Gujarat. She is having a live-in relationship with the applicant since the last three years. The applicant in an intoxicated condition assaulted her and threw her out of the flat. She has come to lodge the report. 5. Learned counsel for the applicant submitted that the victim is a major woman aged about 31 years. It is submitted that the relationship between the applicant and the victim was a consensual relationship and they were living together in a live-in relationship. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. states of the applicant giving her some intoxicating cold-drink and then committing rape upon her. Further she states that in the meantime she became pregnant once but the applicant gave her some medicine due to which she aborted the pregnancy. It is submitted that the said fact has come for the first time in her statement recorded under Section 183 B.N.S.S. It is submitted that when the victim was produced before the doctor she refused her medical examination. It is submitted that it appears that the relationship between the applicant and the victim became sour and thus the present first information report has been lodged. The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 15.06.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant and the victim were living together which is not disputed by the applicant and the applicant has committed the offence and the ingredients of the offece are totally made out. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 31 years. She was living since the last three years in love-in-relationship with the applicant. Subsequently due to some dispute between them the applicant threw her out of the house. The first information report has thus 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- Prateek Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) 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 :- 17.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad