Neutral Citation No. - 2025:AHC-LKO:2188 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 304 of 2025 Applicant :- Shiv Pratap Singh @ Gokul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shobh Nath Pandey, 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 16.10.2024 in Case Crime No.414 of 2024, under Sections 69, 351 (3) of B.N.S., Police Station – Inayat Nagar, District – Ayodhya/ Faizabad. 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 date of incident has not been indicated. As per allegation, the present applicant has allegedly established physical relation with the prosecutrix on the pretext of false promise of marriage but when such relation has been established and what was the place/ places where such relation has been established has not been indicated. In the FIR, some monetary transactions have been alleged. While recording her statement under Section 180 of BNSS, the prosecutrix did not indicate the date of incident/ incidents, only bald allegations have been levelled for establishing physical relation on the pretext of false promise of marriage. While recording her statement under Section 183 of BNSS, she levelled one more allegation that she had given a sum of Rupees one lakh to the present applicant, which has not been returned till date. She has not indicated as to why and from which source, she had given such huge amount to the present applicant. As per further prosecution story, the present applicant has returned a sum of Rs.65,000/- to the prosecutrix and he has not returned the remaining amount of Rs.35,000/-. Learned counsel has further submitted that the prosecutrix has denied her medical examination. 4. Further submission of learned counsel for the applicant 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. 5. 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. 6. 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; no date and place of incident has been indicated in the FIR; in her statement recorded under Section 180 of BNSS, the prosecutrix did not indicate the date of incident/ incidents, only bald allegations have been levelled for establishing physical relation on the pretext of false promise of marriage; while recording her statement under Section 183 of BNSS, she levelled one more allegation that she had given a sum of Rupees one lakh to the present applicant out of which sum of Rs.35,000/- has not been returned to her till date, but she has not indicated as to why and from which source, she had given such huge amount to the present applicant; 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- Shiv Pratap Singh alias Gokul 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