Neutral Citation No. - 2025:AHC:144545 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26486 of 2025 Applicant :- Pradeep Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sheel Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ram Sheel Sharma, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I 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 01.08.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Pradeep Pal, seeking enlargement on bail during trial in connection with Case Crime No. 137 of 2025, under Sections 69, 351(2), 115(2) B.N.S., Police Station Kotwali, District Pilibhit. 5. The first information report of the present case was lodged on 24.04.2025 by the victim against the applicant alleging therein that she was married to Kharak Singh @ Jhau around five years back and has a daughter from the said wedlock. Kharak Singh died due to illness after which due to intervention of relatives and family members she was got married to her devar Pradeep Pal who is the present applicant. Pradeep Pal was previously married to Jyoti around five years back and has a son from the said wedlock. His wife left him and was living with some other man. After marriage of the informant with Pradeep Pal he went and brought his wife and son which was opposed by her. He then forcibly committed rape upon her and stated that she may not get disturbed and he would keep her in Rudrapur (Uttrakhand) and took her to Rudrapur. He without her consent established physical relationship. He continued her sexual assault in her matrimonial house. He assaulted her and threw her out of the house. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the relationship between the applicant and the victim was with consent after the husband of the victim who was the elder brother of the applicant had died. It is submitted that some dispute arose between the parties after which the present first information report has been lodged. It is submitted that the victim is the married wife of the applicant. The applicant has no criminal history as stated in para 23 and is in jail since 24.05.2025. 7. Per contra, learned counsel for the State has opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is apparent that after the death of the husband of the victim / first informant she was got married with the applicant. She lived with the applicant for some years. Subsequently matrimonial dispute arose between them, the first information report has thus been lodged. 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- Pradeep Pal, 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 she 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 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 her, 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 her in accordance with law and the trial court may proceed against her 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 :- 22.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad