Neutral Citation No. - 2025:AHC:143687 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28597 of 2025 Applicant :- Kedarnath Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ramesh Kumar Mishra, Advocate holding brief of Sri Raj Kumar Singh, 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 Kedarnath, seeking enlargement on bail during trial in connection with Case Crime No. 377 of 2025, under Sections 333, 64, 351(3) BNS and Section 3/4 D.P. Act, registered at Police Station Karwi, District Chitrakoot. 4. The FIR of the matter was lodged on 17.06.2025 by the victim naming the applicant along with four other persons and one unknown person alleging therein that she lives in the house with her elder sister and brother and Phool Kumari wife of Bhola discussed for her marriage with her devar Kedarnath. In the meantime, she gave her mobile number to Kedarnath who used to call her on which she objected to it many times but he states that when they are getting married then nothing is bad in it. On 27.09.2024 at about 10:00 am suddenly Kedarnath with his unknown friend came to the house and entered inside the house. Taking advantage of her brother and sister sleeping in another room, he took her to a different room and committed rape upon her and threatened her. When she told about it to her mother, she discussed it with Phool Kumari. After it on 11.10.2024 Rs. 1 lakh and articles were demanded for marriage and date was fixed. Subsequently, two wheeler and Rs. 2 lakhs as additional dowry was demanded but her mother shows inability to fulfill the said demand after which the marriage was refused. 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 victim is a major woman aged about 25 years and the relationship was a consensual relationship. It is submitted that there was some discussion of marriage between the parties which could not materialize and thus the present FIR has been lodged. It is submitted that the applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 02.07.2025. 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 major woman. There was some discussion of marriage between the parties which could not materialize and thus the FIR has been lodged after dates for marriage were settled but there was some differences between the parties. 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 Kedarnath, 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 :- 21.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad