Neutral Citation No. - 2025:AHC:143260 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28706 of 2025 Applicant :- Aditya Rana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitrana Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dharmendra Singhal, learned Senior Advocate assisted by Sri Amitrana, 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 Aditya Rana, seeking enlargement on bail during trial in connection with Case Crime No. 315 of 2025, under Section 64(1) BNS, registered at Police Station Sadar Bazar, District Saharanpur. 4. The FIR of the matter was lodged on 14.07.2025 by Manoj Kumar against the applicant and four other persons alleging therein that the marriage of his daughter was solemnized on 28.11.2023 with Vikram Rana in Mussoorie. After marriage the relationship as husband and wife were not done between them. His daughter was left by her in-laws at Jaipur with Vikram as he was pursuing his course and studies there. She came to know that he has relationship with some other girl who was also studying with him. On 05.05.204 she went to Saharanpur after which on 06.07.2024 the first informant and his wife and other persons of the family of Vikram collected for a Panchayat and the relationship of Vikram with another girl was accepted but it was decided that his daughter will go and live with him at Jaipur. Vikram took his daughter on 07.07.2024 and on 08.07.2024 at just reaching there in the morning he assaulted his daughter and tried to murder her of which FIR has been lodged in Jaipur, P.S. Shivdaspura. Vikram and his mother used to tell her that Vikram is married to another woman and she may give divorce to him or live with Aditya Rana the younger brother of Vikram after which she was quite disturbed. On 01.07.2024 in the night Aditya Rana her devar committed rape upon her on which she made a complaint about it to her in-laws but no action was taken on it. 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 present dispute is a matrimonial dispute between the victim and her husband in which the applicant being her devar has been falsely implicated in the present case. It is submitted that the alleged incident of rape by the applicant on the victim is of 01.07.2024 which was not previously complained of either by the victim or her family members to any authorities but it was subsequently after about one year i.e. 14.07.2025 the present FIR has been lodged levelling the said allegations. It is submitted that the applicant has done M.B.B.S. and M.D. course and is a qualified doctor having no criminal history, para 28 of the affidavit has been placed before the Court. The applicant is in jail since 31.07.2025. 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 applicant is the devar of the victim. The alleged incident of rape is of 01.07.2024 of which the present FIR has been lodged after about one year. There is no justifiable reason regarding the delay in lodging of the FIR. There is a matrimonial discord going on between the victim and her husband who is elder brother of the applicant. 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 Aditya Rana, 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