HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32303 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Pankaj Bharti, learned counsel for the applicant, Sri Rizwan Ahamad, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. The Vakalatnama of Sri Rizwan Ahamad, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rakib @ Ragin, seeking enlargement on bail during trial in connection with Case Crime No. 169 of 2025, under Sections 87, 64(2) B.N.S., Police Station Kotwali Nagar, District Muzaffar Nagar. 5. The first information report of the present matter was lodged on 21.05.2025, under Section 87 B.N.S. by Aasim against the applicant alleging therein that his sister aged about 18 years was lured and enticed away by Rakib and 01 other person in the night of 20-21 at about 1.30 to 2.00 am. She has taken Rs. 73,000/- cash and one gold locket with her. While going away she was seen by Kallu and Mohsin of the village who followed them but they ran away on a motorcycle. The accused persons had even earlier in the year 2023 tried to kidnap his sister but could not succeed. Versus Counsel for Applicant(s) : Pankaj Bharti Counsel for Opposite Party(s) : G.A., Rizwan Ahamad Rakib @ Ragin .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel for the applicant submits that on the own showing of the informant the victim is a major girl. It is submitted that during investigation the victim in her statement recorded under Section 180 B.N.S.S. has stated that Rakib lured and took her away to Meerut where they were living in a rented accommodation on his saying that he would marry her. She states that no forceful act or any illegal act like rape etc. was committed on her by the applicant. It is submitted that subsequently the victim in her statement recorded under Section 183 B.N.S.S. states that she was talking to the applicant since the last 2-4 months and on his saying left her house and went away for marriage but he did not marry her and committed forcible rape on her. It is submitted that the first informant during investigation states that although he has stated of the applicant and one other unknown person taking away his sister but no such unknown person was with him and further with regard to the allegation of his sister taking away cash money and jewellery from the house, the same was stated by the first informant on the saying of the villagers. It is submitted that initially the victim was produced before the doctor who refused her internal examination by stating that no wrongful act has been committed on her. The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 05.07.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant submits that subsequently he victim was medically examined and was found to be pregnant. It is submitted that during investigation Section 64(2) B.N.S. was added after there was allegation of rape on the victim by her. It is submitted that the said fact goes to show that there is allegation against the applicant. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. She went with the applicant on some discussion of marriage between them. The statements of the victim recorded during investigation have serious contradictions in themselves. 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 BAIL No. 32303 of 2025 2 that the applicant may be enlarged on bail. 10. Let the applicant- Rakib @ Ragin, 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 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. BAIL No. 32303 of 2025 3 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 19, 2025 AS Rathore BAIL No. 32303 of 2025 4 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad