HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26308 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ashutosh Kumar Shukla, learned counsel for the applicant, Vishal Pandey, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Sanjay Beldar, seeking enlargement on bail during trial in connection with Case Crime No.155 of 2025, u/s 64, 115(2), 351(3) and 333 of BNS, 2023, P.S. Belghat, District Gorakhpur. 4. The FIR of the matter was lodged on 16.6.2025 by the victim against the applicant alleging therein that she is aged about 21 years. On 11.6.2025 in the night she was sleeping alone on the roof and her parents had gone for work. At about 11.45 p.m. the applicant jumped the boundary-wall and came on the roof and pressed her mouth and neck and committed rape on her. He also assaulted and threatened her and then ran away. He made a video forcibly and has threatened of blackmailing. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that on the own showing of the victim, she is a major girl. It is further argued that medical examination of the victim does not show any external or internal injury on Versus Counsel for Applicant(s) : Ankit Kumar Dubey, Ashutosh Kumar Shukla Counsel for Opposite Party(s) : Vishal Pandey, G.A., Piyush Kumar Sanjay Beldar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) her body. It is further argued that the victim in her statement recorded under Section 180 BNSS was asked by the Investigating Officer as to whether the applicant has even previously established physical relationship with her in which she states that she has established physical relationship around 2-3 times. The same was not reported either by the victim or by her family members. It is further argued that the victim in her statement recorded under Section 183 BNSS has not stated of the factum of rape being committed by the applicant. While placing para 30 and 31 of the affidavit in support of bail application, it has been argued that the father of the victim had previously lodged a case against the applicant in the year 2020 in which he is on bail and trial is going on, copy of the same is annexed as Annexure No.9 to the affidavit filed in support of bail application. It is argued that except for the said case and the present case, the applicant has no other criminal history. The applicant is in jail since 22.6.2025. 6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major. Her statement under Section 180 BNSS states of the applicant even committig rape on the victim previously, the said incident was not reported by her in her statement under Section 183 BNSS and she does not state the factum of rape. 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-Sanjay Beldar, 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 BAIL No. 26308 of 2025 2 date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. September 9, 2025 Gaurav Kuls BAIL No. 26308 of 2025 3 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad