HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31296 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Surendra Kumar Tripathi, Advocate holding brief of Sri Rahul Shukla, 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 Jeetu Rajak, seeking enlargement on bail during trial in connection with Case Crime No. 319 of 2025, under Section 69 BNS, registered at Police Station Khoda, District Ghaziabad. 4. The FIR of the matter was lodged on 23.07.2025 by the victim alleging therein that since last 6-7 months she is working in Taj Studios, Noida where she met the applicant. He talked about marrying her on which their friendship turned into a love affair. He started living with the first informant in her flat where on a false promise to marry established physical relationship with her. When she enquired about him she came to know that he has already married 2-3 months back. The informant is aged about 22 years. He first time established physical relationship with her on 23.02.2025. 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 case is a case of consent. It is submitted that as per the first informant herself first time when rape was committed on her, was 23.02.2025 but the FIR has been lodged after about five months for the same i.e. on 23.07.2025. It is submitted that the delay in lodging of the FIR is unexplained. It is submitted that the victim and the applicant were living together in the same flat. It is submitted that the victim is a major girl aged about 22 years as stated in herself in her statement under Section 180 BNSS. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 24.07.2025. Versus Counsel for Applicant(s) : Rahul Shukla Counsel for Opposite Party(s) : G.A. Jeetu Rajak .....Applicant(s) State of U.P. .....Opposite Party(s) 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 present case appears to be a case of consent. As per the first informant herself first time when rape was committed on her was 23.02.2025 but the FIR has been lodged after about 5 months. The delay in lodging of the FIR is unexplained. The victim and the applicant were living together in the same flat. The victim is a major girl. 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 Jeetu Rajak, 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. BAIL No. 31296 of 2025 2 (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 12, 2025 M. ARIF BAIL No. 31296 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad