Neutral Citation No. - 2025:AHC:136629 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27630 of 2025 Applicant :- Shivam Porwal Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sanjay Srivastava, Advocate holding brief of Sri Dileep Kumar Yadav, learned counsel for the applicant, Sri Triveni Saran Rai, 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 Shivam Porwal, seeking enlargement on bail during trial in connection with Case Crime No. 212 of 2025, under Sections 64(1), 115(2), 351(2) BNS, registered at Police Station Uttar, District Firozabad. 4. The FIR of the matter was lodged on 15.04.2025 by the victim against the applicant, Jeetu and Dileep Gupta alleging therein that after a dispute with her husband she was living in her maternal house wherein a small shop of general merchant was being run. The accused persons are of her locality and around three years back there was a fight between the informant and the accused and since then they were not talking with them. Later on they again started taking goods from her shop. The applicant gave his mobile number to her on which he threatened her. The accused persons assaulted her and enraged her modesty. 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 version in the FIR has been reiterated by the victim in her statement under Section 180 BNSS but subsequently in her statement under Section 183 BNSS she states of the accused persons committing rape upon her. It is submitted that the First Information Report was initially lodged under Sections 115(2), 351(2), 74 BNS, 2023 but during investigation Section 74 BNS was converted into under Section 64(1) BNS, 2023 whereas the others sections remained intact. It is submitted that the allegations are totally false and concocted and an afterthought just in order to falsely implicate and harass the applicant. It is submitted that the medical evidence does not in any manner corroborate with the allegation of rape since the doctor did not find an injury on the body or in private part of the victim. It is submitted that the applicant has no criminal history as stated in para 12 and 18 of the affidavit and is in jail since 11.05.2025. 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 married major lady. She was living in her maternal house after dispute with her husband. The allegation of rape is stated by her for the first time in her statement under Section 183 BNSS. Prior to it in the FIR and in her statement under Section 180 BNSS, the same is conspicuously missing. 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 Shivam Porwal, 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 :- 12.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad