HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32144 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Umair Mahmood, learned counsel for the applicant and 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., 2023 has been filed by the applicant- Javed, seeking enlargement on bail during trial in connection with Case Crime No. 167 of 2025, under Sections 69, 115(2), 351(2) B.N.S., Police Station Najibabad, District Bijnor. 4. The first information report of the present matter was lodged on 22.05.2025 by the victim against the applicant alleging therein that on a false promise to marry the applicant who was her neighbour established physical relationship with her. On 12.05.2025 at about 02.00 pm he called her to his house and without her consent committed rape upon her and made a video of it. When she asked him to marry he refused marriage. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major woman aged about 30 years. It is submitted that the victim was married earlier around 14 years back and has 03 children from the said wedlock. She was given divorce by her husband and was living alone. It is submitted that the relationship between the applicant and the victim was a consensual relationship on some Versus Counsel for Applicant(s) : Umair Mahmood Counsel for Opposite Party(s) : G.A. Javed .....Applicant(s) State of U.P. .....Opposite Party(s) discussion of marriage which could not materialize. The applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 04.06.2025. 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 and a married woman who has been subsequently given divorce by her husband. She is mother of children from the said marriage. The relationship between the applicant and the victim was on some discussion of marriage which could not materialize. 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- Javed, 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 BAIL No. 32144 of 2025 2 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. 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 18, 2025 AS Rathore BAIL No. 32144 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad