HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29814 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri J.B. Singh, Advocate holding brief of Sri Manoj Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Sagar, seeking enlargement on bail during trial in connection with Case Crime No.494 of 2025, under Sections 69, 351(2), 351(3), 351(4) B.N.S., P.S. Banna Devi, District Aligarh. 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 29.8.2025. 5. The FIR of the matter was lodged on 12.7.2025 by the victim against the applicant alleging therein that the applicant is the friend of her husband. He used to often visit her house and was doing work of online making of Pan- Card and Pension. He assured her of getting her pension and made a false promise to marry her and entangled her in his love and got her uninterested in her husband. On 17.6.2025 at about 11 a.m. in the absence of her husband, he came to her house and started immoral act on her and without her consent, established physical relationship with her. He made a video of it and threatened her that if she tells about it to anyone, he would murder her husband and children. A report be lodged and action be taken. Versus Counsel for Applicant(s) : Manoj Singh Counsel for Opposite Party(s) : G.A. Sagar .....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 married woman having children. It is further argued that the relationship between the applicant and the victim was consensual relationship. It is further argued that the victim as per her own version despite being married and having children, got entangled in the discussion of marriage with the applicant. It has also been pointed out that the applicant is not having any criminal history as stated in para 14 of the affidavit. The applicant is in jail since 13.7.2025. 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 a major married woman having children. The relationship between the applicant and the victim appears to be consensual relationship. Subsequently when their relationship became sour, the present FIR has been lodged. 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-Sagar, 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. 29814 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. 29814 of 2025 3 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad