HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29362 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Km. Poonam, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Bablu Jaiswal, seeking enlargement on bail during trial in connection with Case Crime No.655 of 2024, u/s 328, 376, 504, 506, 406 IPC, P.S. Gorakhnath, District Gorakhpur. 4. Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 26.8.2025. 5. The FIR of the matter was lodged on 5.12.2024 by the victim against the applicant alleging therein that the applicant on assurance of getting her employment, took Rs.8 lakh from her out of which Rs.5 lakh has been taken through bank transaction and Rs.3 lakh has been taken in cash. She does private job and is preparing for competitive exams. She met the applicant in September, 2023 who stated that he has many contacts and assured her of getting her job. He then on one day on some excuse of interview came to her house along with some snacks and cold-drink and after consuming it, she became unconscious and established physical relationship with her. He also made a video of the same and threatened of making the said video viral. A report be lodged and action be taken. Versus Counsel for Applicant(s) : Alok Kushwaha, Km. Poonam, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Bablu Jaiswal .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a major girl aged about 25 years. It is further argued that there was some discussion of employment between the victim and the applicant which could not materialize and thus present FIR has been lodged. The present case is a case of consent. It is further argued that charge sheet in the matter has been submitted. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 25.1.2025. 7. Per contra learned counsel for the State opposed the prayer for bail. 8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is major. There was some discussion of employment between the victim and the applicant which could not materialize. The present case is a case of consent. Investigation in the matter has concluded and charge sheet has been submitted. 9. 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. 10. Let the applicant-Bablu Jaiswal, 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 she/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. BAIL No. 29362 of 2025 2 (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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. September 15, 2025 Gaurav Kuls BAIL No. 29362 of 2025 3 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad