Neutral Citation No. - 2025:AHC-LKO:43875 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 98 of 2025 Applicant :- Shadab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Ran Vijay Singh, learned AGA for the State, however, no one has put in appearance on behalf of the complainant. 2. As per learned counsel for the applicant, the present applicant is in jail since 14.09.2024 in Case Crime No.301 of 2024, under Sections 333, 65(1), 352, 351(3) of B.N.S. and Section 5(k)/6 of POCSO Act, Police Station Tanda, District Ambedkar Nagar. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the present applicant is the sole accused. After lodging the aforesaid FIR, statements of the prosecutrix were recorded under Sections 180 & 183 B.N.S.S. wherein she has levelled specific allegation of rape against the present applicant. Learned counsel has drawn attention of this Court towards Annexure No.SA-1 of the supplementary affidavit dated 24.03.2025 showing the statement of father of the prosecutrix as PW-1 and statement of mother of the prosecutrix as PW-2 and both, father of the prosecutrix and the mother of the prosecutrix turned hostile and have not supported the prosecution version, rather they have stated that they had given their statements under Sections 180 & 183 B.N.S.S. under the pressure of the police. 4. Further submission of learned counsel for the applicant is that the present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 5. Learned A.G.A. and learned counsel for the complainant have, however, opposed the bail application but they could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that the father of the prosecutrix and the mother of the prosecutrix turned hostile and have not supported the prosecution version, rather they have stated that they had given their statements under Sections 180 & 183 B.N.S.S. under the pressure of the police.; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Shadab be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of the 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. (v)The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan, J.) Order Date :- 29.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench