Neutral Citation No. - 2025:AHC-LKO:2557 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 359 of 2025 Applicant :- Shubham Maurya @ Madhur Maurya Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Suresh Chandra Srivastava,Vijay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Suresh Chandra Srivastava, learned counsel for the applicant and Ms. Rafiya Farooqui, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 11.11.2024 in Case Crime No. 442 of 2023 u/s 376, 323 IPC, P.S. B.K.T., District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the F.I.R. which has been lodged pursuant to the order being passed on an application filed u/s 156(3) Cr.P.C. As per prosecution story the prosecutrix was in relation with the applicant since 2016. Their relations were cordial. They established physical relation as they were willing to get married. However, the allegation, so levelled in the F.I.R. are false and misconceived. The prosecutrix has levelled false allegations against the present applicant in respect of her own sister whereby she had stated that the present applicant established physical relation with her sister providing her same intoxicated content, however, she has herself stated that the aforesaid statement was not correct. The present applicant has no prior criminal history of any kind whatsoever. The charge-sheet has been filed in this case. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that as per prosecution story the prosecutrix was in relation with the applicant since 2016, their relations were cordial, they established physical relation as they were willing to get married, the prosecutrix has levelled false allegations against the present applicant in respect of her own sister whereby she had stated that the present applicant established physical relation with her sister providing her same intoxicated content, however, she has herself stated that the aforesaid statement was not correct, applicant has no prior criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Shubham Maurya @ Madhur Maurya, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 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. (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. (v) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 15.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench