Neutral Citation No. - 2025:AHC-LKO:2219 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 305 of 2025 Applicant :- Mohit Rajput Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko Counsel for Applicant :- Manoj Kumar Singh,Santosh K. Singh Raghuvanshi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Harishankar Maurya, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 29.11.2024 in Case Crime No.395 of 2024, under Sections 69 & 351 (3) of B.N.S., Police Station – Ashiyana, District – Lucknow. 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 allegation has been levelled against four accused persons including the present applicant. Even the allegation has been levelled against the mother of the present applicant, against all his brothers and against his one friend Deepak. As per allegation, the present applicant had been establishing physical relation with the prosecutrix for the last six years on the pretext of false promise of marriage. It has not been explained in the prosecution story as to why the prosecutrix has not lodged prompt FIR against the present applicant when he denied first time for getting married. As a matter of fact, no specific date or month has been indicated in the FIR when the physical relation was firstly established. Further submission is that the present applicant is having no prior criminal history of any kind whatsoever and charge sheet has been filed. 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. 4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that this is a case of establishing physical relation on the pretext of false promise of marriage wherein even the mother of the present applicant, all his brothers, the applicant and his friend Deepak have been made accused and allegations have been levelled against them; no prompt FIR has been lodged and even no specific date or month has been indicated in the FIR when the physical relation was firstly established; 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. 6. Accordingly, the bail application is allowed. 7. Let applicant- Mohit Rajput 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 :- 13.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench