Neutral Citation No. - 2025:AHC:137976 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25233 of 2025 Applicant :- Raju Alias Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh,Mohd. Irfan,Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sarve Nazir, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA 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 Raju Alias Sanjeev, seeking enlargement on bail during trial in connection with Case Crime No.177 of 2025, under Section(s) 74, 69, 3(5) B.N.S., registered at P.S. Bilaspur, District- Rampur. 4. The F.I.R. of the matter was lodged on 13.06.2025 by the victim against the applicant and 02 other persons alleging therein that she was married around 10 years back but due to strained relationships marriage was socially broken. Since last 10 years she is living alone and working as a labourer. Around 04 months back she met the applicant and phone numbers were exchanged between them after which they used to talk on phone. On 09.6.2025 the applicant called her to Bilaspur to talk where she went and then in a four- wheeler she along with the applicant and other co-accused persons went to various places. There was some discussion between them for marriage, after which the vehicle was stationed at a place where they have taken their meals and then two co-accused went out of the vehicle and the applicant established physical relationship with her for which she had consented. Subsequently co-accused Indresh enraged her modesty. Later on the applicant has refused marriage. 5. 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 and the relationship between the applicant and the victim was a consensual relationship. It is submitted that there was some discussion between them for marriage which could not materialize and relations between them became sour, after which the present F.I.R. has been lodged against the applicant. It is argued that the applicant has no other criminal antecedents as stated in para-19 of the affidavit and is in jail since 14.06.2025. 6. Per contra, learned State counsel opposed the prayer for bail. 7. 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. There was some discussion between the victim and the applicant for marriage which could not materialize. 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- Raju Alias Sanjeev, 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. (Samit Gopal,J.) Order Date :- 13.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad