Neutral Citation No. - 2025:AHC:137437 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27843 of 2025 Applicant :- Sikandar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey,Puneet Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant and 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., 2023 has been filed by the applicant- Sikandar Sharma, seeking enlargement on bail during trial in connection with Case Crime No. 313 of 2025, under Sections 69, 115(2), 352, 351(3) B.N.S., Police Station Gida, District Gorakhpur. 4. The first information report of the present matter was lodged on 18.05.2025 by Krishna Chandra Maurya, against the applicant alleging therein that his daughter is aged about 18 years. She used to talk to the applicant on Instagram. The applicant one day called her at Sahjanwa Zero Point near a hotel to meet him in the last week of December 2024. When she reached there he took her in a room of hotel and applied vermilion on her of which a staff of the hotel made a video and then established physical relationship without her consent. He threatened her of not telling it to anyone. On the strength of the said video he used to blackmail her. On 16.05.2025 he again called her in the same hotel and committed rape upon her and was pressurizing her to elope with him. She refused it and then she was assaulted. 5. Learned counsel for the applicant submitted that on the own showing of the informant the victim is a major girl. It is submitted that the first incident of rape in the hotel is of December 2024 but the first information report has been lodged after about 06 months of the same. It is submitted that as such the incident was not reported by the victim or anyone of her family to any of the authority. It is submitted that the victim is a major girl. She went with to the hotel twice out of her own sweet-will. It is submitted that the present case is a case of consent. While placing paragraph 11 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 19.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The first incident of rape in the hotel is of December 2024 but the first information report has been lodged after about 06 months of the same. The investigation in the matter has concluded and charge-sheet has been submitted. 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- Sikandar 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 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. 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. Order Date :- 13.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad