Neutral Citation No. - 2025:AHC-LKO:3013 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 357 of 2025 Applicant :- Mairaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Iqbal Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Mr. Iqbal Ahmad, learned counsel for the applicant, Sri Rajnish Kumar Verma, learned Additional Government Advocate for the State and Ms. Ichha Singh, learned counsel, who has filed Vakalatnama on behalf of the complainant, the same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Mairaj) is languishing in jail since 06.11.2024 in Case Crime No.135 of 2024, under Sections 376, 315, 323, 504 & 506 I.P.C., Police Station-Shri Dutt Ganj, District-Balrampur. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 26.02.2020 but the impugned F.I.R. has been lodged on 06.11.2024 without explaining the aforesaid inordinate delay of four years and eight months. As per the F.I.R., the allegation has been levelled against the entire family members of the present applicant. The present applicant is willing to get married with the prosecutrix and he had assured the prosecutrix and her family members that after earning some reasonable amount for livelihood, he will get married with the prosecutrix but the family members of the prosecutrix were not agreeable on that, therefore, the impugned F.I.R. has been lodged. The present applicant still undertakes that after earning some reasonable amount for livelihood, he will get married with the prosecutrix within a period of four months. 5. Learned counsel for the applicant has stated that the charge- sheet has been filed in this case. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant has assured that after earning some reasonable amount for livelihood, he will get married with the prosecutrix within a period of four months; the impugned F.I.R. has been lodged after four years and eight months from the date of incident and there is no explanation of the aforesaid inordinate delay; the charge-sheet has been filed in this case and there is no criminal history against the present applicant and the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Mairaj) 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 IPC/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 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 IPC/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 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 17.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench