HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30724 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Amit Kumar Pandey, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Arjun Singh, seeking enlargement on bail during trial in connection with Case Crime No. 91 of 2025, under Sections 64(1) and 333 B.N.S., Police Station Shayamdeurwa, District Maharajganj. 4. The first information report of the present matter was lodged on 06.04.2025 by Jitan Yadav against the applicant alleging therein that on 03.4.2025 at about 11 am the applicant entered in his house and on a false promise to marry his daughter committed rape upon her. On hearing some commotion he reached the stairs and tried to apprehend him but he ran away. His daughter is aged about 19 years. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim during investigation states that she was sleeping at the roof of the house where on 03.04.2025 at about 1 am the applicant reached there and committed rape upon her. She used to talk to him on phone earlier and he was pressurizing her to marry him. She further states that her father reached there and then tried to apprehend the accused but he ran away. It is submitted that the present case is a case of consent. It is submitted that the first information Versus Counsel for Applicant(s) : Amit Kumar Pandey, Jaya Tripathi, Rahul Yadav Counsel for Opposite Party(s) : G.A. Arjun Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) report has been lodged after an unexplained delay of about 03 days. While placing paragraph 20 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 03.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl aged about 19 years. The applicant reached the roof of the house where she was sleeping and is alleged to have committed rape upon her. The victim used to talk to the applicant from before on mobile. He made a false promise to marry her. The first information report is delayed by 03 days for which there is no explanation. 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- Arjun Singh, 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 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 BAIL No. 30724 of 2025 2 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. 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. September 9, 2025 AS Rathore BAIL No. 30724 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad