Neutral Citation No. - 2025:AHC:133121 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24351 of 2025 Applicant :- Chaman Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajesh Pandey, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Chaman Singh, seeking enlargement on bail during trial in connection with Case Crime No.362 of 2025, u/s 333, 64, 351(2) BNS, P.S. Majhola, District Moradabad. 4. Learned counsel for the State states that he has received instructions in the matter in compliance of order dated 16.7.2025. 5. The FIR of the matter was lodged on 27.4.2025 by the victim against the applicant alleging therein that on 26.4.2025 at about 10 a.m., she was in the house and finding her alone, the applicant entered inside the house and by catching her from behind, committed rape upon her and threatened her and went away. A report be lodged and action be taken. 6. 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 married woman aged about 40 years having two children as disclosed by her in the statement recorded during investigation. It is further argued that the present case is a case of false implication inasmuch as the medical evidence of the victim does not find any evidence of sexual assault on her and there is no injury on her body also and thus medical examination report does not corroborate the prosecution case. While placing para no.13 of the affidavit in support of bail application, it has been argued that the present case is a case of false implication. It has also been pointed out that the applicant is not having any criminal history. The applicant is in jail since 14.5.2025. 7. Although the argument of learned counsel for the applicant is that the victim is aged about 40 years but the pleading in para 13 of the affidavit in support of bail application is that she is aged about 35 years which does not in any manner synchronizes with the argument, although the victim has stated that she is an illiterate woman and aged about 40 years during the course of investigation. 8. Per contra learned counsel for the State opposed the prayer for bail. 9. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major married woman aged about 40 years having two children. The medical medical examination report of the victim does not corroborate the prosecution case. The present case is a case of false implication. 10. 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. 11. Let the applicant-Chaman Singh, 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. 12. 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. 13. The bail application is allowed. 14. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 6.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad