Neutral Citation No. - 2025:AHC:132456 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26974 of 2025 Applicant :- Sachin Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ajay Kumar Srivastava, 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 Sachin Sharma, seeking enlargement on bail during trial in connection with Case Crime No. 197 of 2025, under Sections 64(1), 351(3) BNS, registered at Police Station Bahjoi, District Sambhal. 4. The FIR of the matter was lodged on 21.05.2025 by the victim against the applicant alleging therein that on 01.04.2025 one lady came to her house and told her that a company has opened in which there is a vacancy for females and she may contact there for job. She then contacted the company and was given a job and joined the work. The applicant was the area manager of the company. He used to take her in meetings and had once showed his desire to have some physical relationship with her. Then on 23.04.2025 at about 01:30 am he took her for some field work and then they went to various places after which he took her to a room where he forcibly committed rape upon her. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim/first informant is a major woman aged about 40 years. She is a married woman. It is submitted that the FIR has been lodged after about one month and 20 days of the incident and there is no explanation whatsoever regarding the delay in lodging of the FIR. It is submitted that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 25.06.2025. 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/first informant is a married major woman aged about 40 years. The FIR has been lodged after about one month and 20 days of the incident for which there is no explanation. 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 Sachin Sharma, 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 :- 6.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad