Neutral Citation No. - 2025:AHC:138819 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25475 of 2025 Applicant :- Sani Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey,Pranav Shekhar,Virendra Yadav Counsel for Opposite Party :- G.A.,Rama Shankar Mishra Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ashok Kumar Pandey, learned counsel for the applicant, Sri Rama Shankar Mishra, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 24.07.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sani, seeking enlargement on bail during trial in connection with Case Crime No. 169 of 2025, under Sections 333, 64, 351(2) B.N.S., Police Station Kurja Dehat, District Bulandsahar. 5. The first information report of the present matter was lodged on 12.05.2025 by Smt. Manju against the applicant alleging therein that her daughter is aged about 18 years whose marriage was fixed but the applicant got it broken. On 11.05.2025 at about 4 pm he entered in the house after jumping the wall from the side of jungle and took her daughter inside the room and committed rape upon her. While coming out of the room he threatened her and stated that now she would marry her to him only. 6. Learned counsel for the applicant submitted that the victim is a major girl. It is submitted that the victim and the applicant were in relationship since the last 6-7 months and the relationship was a consensual relationship. It is submitted that the victim has disclosed her age as 20 years in her statement recorded 183 B.N.S.S. It is further submitted that it was once the applicant and the victim were seen by the parents, the present first information report has been lodged. It is submitted that the applicant and the victim had decided marriage but the same could not materialize, paragraph 7 & 8 of the affidavit has been placed before the Court. It is submitted that the allegation of rape is false as both the persons were in relationship since the last 6-7 months, paragraph 18 of the affidavit has been placed for the same. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 14.05.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. There was some relationship between them since the last 6-7 months. The factum of marriage could not materialize between them. The investigation in the matter has concluded. 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- Sani, 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 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. 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. Order Date :- 14.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad