Neutral Citation No. - 2025:AHC:143417 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26245 of 2025 Applicant :- Piyush Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Madan Singh, learned counsel for the applicant, Sri Phool Chandra Saroj, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. Sri Phool Chandra Saroj, learned counsel for the first informant and states that he has filed his Vakalatnama in the office on 20.08.2025. Office is directed to trace out the same and place it on record and make a note in the order-sheet about it. 4. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 31.07.2025. 5. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Piyush Kashyap, seeking enlargement on bail during trial in connection with Case Crime No. 218 of 2025, under Sections 69, 352, 351(3) B.N.S., Police Station Chandausi, District Sambhal. 6. The first information report of the present matter was lodged on 17.05.2025 by the victim against the applicant alleging therein that she lives in District Sambhal and does private work in Moradabad and commutes daily on train. The applicant Piyush Kashyap a resident of Sambhal has a shop in Moradabad and also travels by trian daily. They met each other on train and used to talk to each other. In the meantime, the applicant stated that he has a liking for her and wants to marry her and slowly closeness between them increased. He then entangled her in his love and on a false promise to marry established physical relationship and harassed her. When she asked him to marry he refused it and abused her. 7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that on the own showing of the victim in the first information report she is aged about 27 years and thus she is a major woman. It is submitted that the relationship between the applicant and the victim was a consensual relationship since long. It is submitted that date & time of the incident of rape is not mentioned in the present matter. It is submitted that the relationship between the applicant and the victim was continuing since the last four years on some discussion of marriage which subsequently could not materialize, hence, the present first information report has been lodged. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted, paragraph 23 of the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 07.07.2025. 8. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim and the applicant were having relationship since the last four years. There was some discussion of marriage between them which could not materialize. Subsequently the present first information report has been lodged after the factum of marriage has been refused. 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- Piyush Kashyap, 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. 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. Order Date :- 21.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad