Neutral Citation No. - 2025:AHC:129135 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26475 of 2025 Applicant :- Subodh Kumar Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi,Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel 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 Subodh Kumar Upadhyay, seeking enlargement on bail during trial in connection with Case Crime No. 179 of 2025, under Sections 64(2)m, 115(2), 352 BNS, registered at Police Station Lanka, District Varanasi. 4. The FIR of the matter was lodged on 24.05.2025 by the victim against the applicant alleging therein that she came to Varanasi and was staying there on 18.05.2025, the applicant had got ticket booked and had booked a hotel for two days. After staying there for two days, she was taken by the applicant to his house where he levelled allegations of theft of motorcycle on her and assaulted her. He then committed unnatural sex and raped her on which she locked him in a gallery. On his shouts in the night, Ankit Tiwari a neighbour came there after which the door was opened. She informed the police on Dial 112 and told about the incident at the police station. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman. It is submitted that in the statement of the victim under Section 180 BNSS she discloses her age as 29 years whereas in her statement under Section 183 BNSS she discloses her age as 32 years. It is submitted that in the statement of the victim under Section 183 BNSS she disclosed to the applicant that she is a married woman. It is submitted that there was a consensual relationship between the applicant and the victim and the allegations against the applicant are totally false and concocted. It is submitted that since the relationship between the applicant and the victim became sour, the present FIR has been lodged. It is further submitted while placing para 26 of the affidavit that charge sheet dated 31.05.2025 has been submitted against the applicant, copy of the same is annexed as annexure 8 to the affidavit. It is submitted that the applicant has no criminal history as stated in para 39 of the affidavit and is in jail since 27.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major woman. There was a relationship between the victim and the applicant since before which appears to have become sour on account of which the present FIR has been lodged. Charge sheet in the matter has been submitted against the applicant. 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 Subodh Kumar Upadhyay, 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 :- 1.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad