HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29204 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Vinod Kumar Singh Kushwaha, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions to the bail application and also to the supplementary affidavit dated 11.08.2025 for which time was granted to him on 28.08.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sanjay Rajbhar, seeking enlargement on bail during trial in connection with Case Crime No. 138 of 2025, under Sections 64, 352(2) B.N.S., Police Station Deogaon, District Azamgarh. 5. The first information report of the present matter was lodged on 23.04.2025 by the victim against the applicant alleging therein that the applicant is her collateral relative and used to trouble her regularly due to which she is quite disturbed. She tried to stop him on which he abused her and assaulted her. She has come to lodge a report. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim and the applicant were in relationship as stated by the victim in her statement recorded under Section 180 B.N.S.S. wherein she Versus Counsel for Applicant(s) : Vinod Kumar Singh Kushwaha Counsel for Opposite Party(s) : G.A. Sanjay Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) states that from the said relationship one child was born and she is again pregnant and on seeing her the applicant raises foul languages and chases her. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. states that from the relationship between her and the applicant she is carrying a pregnancy of about 09 months. On 26.08.2024 at about 9 am the applicant came in her house and established physical relationship with her. She tried to raise a shout on which he threatened her. Her husband works in Rajasthan since last one year and she was living alone in the house. It is submitted that the present case is a case of consent. The victim is a major woman. The applicant has no criminal history as stated in para 06 of the affidavit and is in jail since 01.05.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim and the applicant were in relationship since long. One child was born from the relationship and the victim is again pregnant. The first information report only states of teasing her. Later on during investigation she states about their relationship. 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- Sanjay Rajbhar, 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 BAIL No. 29204 of 2025 2 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. 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 12, 2025 AS Rathore BAIL No. 29204 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad