Neutral Citation No. - 2025:AHC-LKO:2250 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 306 of 2025 Applicant :- Ramtirth Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Arunendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard learned counsel for the applicant, Sri Hari Shankar Maurya, learned AGA for the State. The present applicant is in jail since 25.09.2024, in case crime no. 280 of 2024, under Section 64 of BNS at Police Station Harpalpur District Hardoi. 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, whereby, the allegation has been levelled only against the present applicant as he is the sole accused. Learned counsel has stated that the story so narrated in the FIR is different from the stement of prosecutrix recorded under Section 180 of BNSS, thereafter, while recording her statement under Section 183 of BNSS, she changed the prosecution story. The present applicant is the cousin father-in- law of the prosecutrix and on account of some property dispute, the FIR has been lodged against him. The prosecutrix is a major and married person and she is much younger than the present applicant, so the present applicant could not have committed the offence of rape against her unless she agrees for that. Further there is no allegation of any threat to life, etc. As per the medical examination report, there is no injury mark upon the body of the victim. There is no criminal history of the present applicant and the charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall 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 Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. Considering the aforesaid facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. The bail application is allowed. Let the applicant- Ramtirth, 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. (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. is issued and the applicants fail 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. (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. 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. Order Date :- 13.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench