Neutral Citation No. - 2025:AHC:110791 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23882 of 2025 Applicant :- Shuyeb Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Tripathi,Surya Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ajay Tripathi, learned counsel for the applicant, Sri Yogendra Pal Singh, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. Sri Yogendra Pal Singh submits that he has filed his vakalatnama on behalf of the first informant in the office on 10.7.2025. The same is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shuyeb, seeking enlargement on bail during trial in connection with Case Crime No. 89 of 2025, under Sections 333, 64(1), 352, 351(2) B.N.S., registered at P.S. Mundali, District Meerut. 5. The F.I.R. of the matter was lodged on 14.5.2025 the victim against the applicant alleging therein that her husband does the work of welding where the applicant was also working. In the absence of her husband the applicant used to come to her house and slowly-slowly entangled her in love and there was physical relationship between them. One day the applicant came to her house with bread to eat, after eating bread she became unconscious and when she regained consciousness found herself nude. After three day to the same the applicant came to her house with his friends and pressurized to have physical relationship with them which was refused by her then he showed her video and tried to blackmail her. On 5.5.2025 the applicant on showing her video committed rape upon her. 6. 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 major married woman. It is submitted that relationship between the victim and the applicant was a consensual relationship but subsequently the present F.I.R. has been lodged just to falsely implicate and harass the applicant. It is argued that the applicant has no other criminal antecedents as stated in para-23 of the affidavit and is in jail since 25.5.2025. 7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major married woman. Relationship between the victim and the applicant was a consensual relationship. The applicant has no criminal history. 9. 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. 10. Let the applicant- Shuyeb, 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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 11.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad