HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25861 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sunit Kumar, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record. 3. This is the second bail application under Section 483 of B.N.S.S. has been filed by the applicant Nitin Ahirwar, seeking enlargement on bail during trial in connection with Case Crime No. 84 of 2025, under Section(s) 69 B.N.S., registered at P.S. Sumerpur, District- Hamirpur. 4. The first bail application of the applicant being Criminal Misc. Bail Application No. 21882 of 2025 was dismissed as not pressed vide order dated 2.7.2025. 5. The F.I.R. of the matter was lodged on 24.3.2025 by the victim against the applicant alleging therein that she is aged about 22 years. The applicant is resident of New Delhi and he used to talk to her on mobile as he was a relative and there was some discussion between them for marriage. On 16.3.2025 the applicant called her to a hotel where he committed rape upon her. When she asked for marriage he refused to marry her. 6. Learned counsel for the applicant argued that the victim is a major woman. It is submitted that relationship between the applicant and the victim was consensual on some discussion of marriage between them Versus Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Nitin Ahirwar .....Applicant(s) State of U.P. .....Opposite Party(s) which could not materialize. It is submitted that the applicant has been falsely implicated the present case. It is argued that the applicant has no other criminal antecedents as stated in para-29 of the affidavit and is in jail since 5.4.2025. 7. Per contra, learned State counsel 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 woman. The applicant and the victim were in discussion of marriage and in the meantime, she was called to a hotel where they established physical relationship. Subsequently the factum of marriage could not materialize. 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- Nitin Ahirwar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other surety should be 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 BAIL No. 25861 of 2025 2 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. September 18, 2025 Naresh BAIL No. 25861 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad