Neutral Citation No. - 2025:AHC-LKO:13892 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 315 of 2025 Applicant :- Rafee And 2 Others Opposite Party :- State Of U.P. Through Principal Sec. Home Counsel for Applicant :- Ramendra Kumar,Amit Kumar Awasthi Counsel for Opposite Party :- G.A.,Praveen Chandra,Shubham Shukla Hon'ble Rajesh Singh Chauhan,J. 1. This petition has been filed through E-mode and photocopy of the hard copy is available on record. 2. Learned counsel for the informant has provided photocopy of the hard copy of the counter affidavit alongwith his Vakalatnama which are already uploaded, same is also taken on record. 3. Learned counsel for applicants has informed that the victim/ prosecutrix (X) is present in person. 4. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 5. The present applicants are languishing in jail since 22.11.2024 in Case Crime No.139 of 2024, under Sections 376- D, 366, 344 IPC Police Station- Neemgaon, District- Lakhimpur Kheri. They have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story. 6. Learned counsel for the applicants has submitted that the prosecutrix has got married with co-accused Azad to whom she is living happily. 7. Learned counsel for prosecutrix produced the prosecutrix before the Court to apprise her grievance. On being asked from the prosecutrix as to whether the present applicants have committed any offence with her, she has stated that the present applicants have not committed any offence as her mother has falsely implicated them for the reasons thus known to her. She has further stated that she is happily living with the co-accused Azad to whom she has got married. The present applicants are having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. 8. The learned counsel for the applicants has given an undertaking on behalf of applicants that the applicants 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. 9. Learned AG has submitted that since the trial is going on therefore any appropriate order may be passed. 10. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicants have not committed any offence as the mother of prosecutrix has falsely implicated them, the prosecutrix is happily living with the co-accused Azad to whom she has got married, the present applicants are having no prior criminal history of any kind whatsoever; and the undertaking that the applicants shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he 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. 11. Accordingly, the instant bail application is allowed. 12. Let the applicants (Rafee, Golden and Shafee) be released on bail in the aforesaid case crime number on their furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls them to appear and if the charge-sheet is filed against them they shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 them, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicants 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 applicants 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 them in accordance with law. The present applicants shall not leave the country without prior permission of the Court Order Date :- 6.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench