HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31335 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Arjun Singh Solanki, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Arvind, seeking enlargement on bail during trial in connection with Case Crime No. 214 of 2025, under Sections 115(2), 333, 351(3), 64(1) B.N.S., Police Station Amapur, District Kasganj. 4. The first information report of the present matter was lodged on 09.06.2025 by the victim against the applicant alleging therein that her husband lives outside and works in a brick-kiln. She lives in the village with her two children. On 19.05.2025 at about 4 am the applicant entered in her house and on a threat of a country-made pistol committed rape upon her. He threatened her of murdering her. She informed her husband about it and when he came report is being lodged. 5. Learned counsel for the applicant submits that the first information report has been delayed by 20 days for which there is no plausible explanation. It is submitted that the victim in her statements recorded under Section 180 B.N.S.S. and under Section 183 B.N.S.S. states of rape being committed on her on 21.04.2025 by the applicant. It is Versus Counsel for Applicant(s) : Arjun Singh Solanki Counsel for Opposite Party(s) : G.A. Arvind .....Applicant(s) State of U.P. .....Opposite Party(s) submitted that the same is thus a variance with the date of incident as reported in the first information report. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. states that there is a dispute going on with the family of the applicant Arvind for land. It is submitted that the implication of the applicant is without any credible evidence. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 10.06.2025. 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 first information report is delayed by about 20 days from the date of the alleged incident mentioned therein but as per the date of incident mentioned in the statements of the victim the first information report is delayed by about 02 months. The victim is a major married woman having two children. In her statement recorded under Section 183 B.N.S.S. she states of having enmity between the family of the applicant and her family due to dispute with regard to land. 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- Arvind, 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 BAIL No. 31335 of 2025 2 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. 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 AS Rathore BAIL No. 31335 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad