Neutral Citation No. - 2025:AHC-LKO:39491 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 197 of 2025 Applicant :- Kuldeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Mohd. Salman,Ana Fatma,Arshad Jameel,Kunwar Sushant Prakash,Mukhtar Ahamad,O.P. Tiwari Counsel for Opposite Party :- G.A.,Arvind Kumar,Km. Romi Verma,Ramraj Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vivek Shukla, Advcoate holding brief of Sri O.P. Tiwari, learned counsel for the applicant and Sri Rishikesh Verma, learned AGA for the State. Learned counsel for the applicant has submitted that he has informed the learned counsel for the opposite party no. 2 and he has no objection if the bail application is decided finally. The present applicant is in jail since 16.10.2024, in case crime no. 313 of 2024, under Sections 70(1), 127(2), 137(2), 351(1) of BNS and Section 3/4 of the POCSO Act at Police Station Bangermau District Unnao. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the date of incident has been indicated as 19.08.2024, but the FIR has been lodged on 21.08.2024, without explaining the delay. The allegation has been levelled against three accused persons, including the present applicant. In the First Information Report, the allegation of enticing has been levelled against the accused person. Attention has been drawn towards Annexure No. 2, which is the statement of the prosecutrix recorded under Section 180 BNSS, wherein, the allegation of rape has been levelled against co- accused Madan, and no allegation has been levelled against the present applicant. In her statement recorded under Section 183 BNSS, Annexure No. 3. The allegation of rape has been levelled against Madan and the present applicant. Medical examination report has not corroborated the allegation of rape. As per the radiological age the prosecutrix is 17 years. Learned counsel for the applicant has stated that there are apparent variation and contradiction in the statement of prosecutrix recorded under Section 180 and 183 BNSS. Therefore, the benefit thereof should be given to the present applicant. Further attention has been drawn towards the order dated 26.05.2025 passed by this court granting bail to co-accused Madan in Criminal Misc. Bail Application No. 4491 of 2025 vide order dated 26.05.2025, therefore, on the principles of parity, the present applicant may be enlarged on bail. The present applicant is having no criminal history of any kind whatsoever. Chargesheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 16.10.2024; similarly placed co- accused, Madan has been granted bail by this Court in Criminal Misc. Bail Application No. 4491 of 2025 vide order dated 26.05.2025 there is no likelihood to conclude the trial in the near future; 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. The bail application is allowed. Let the applicant- Kuldeep, 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 229-A of the Indian Penal Code/ 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 82 Cr.P.C./ 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 174-A of the Indian Penal Code/ 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 313 Cr.P.C./ 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. Order Date :- 10.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench