Neutral Citation No. - 2025:AHC-LKO:2788 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 374 of 2025 Applicant :- Ayush Srivastava Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Syed Anzar Husain Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Mr. Syed Anzar Husain, learned counsel for the applicant and Sri Ashok Kumar Singh, learned Additional Government Advocate for the State. 2. At the very outset, learned counsel for the applicant has requested that he may be permitted to delete the name of opposite party No.2 from the array of opposite parties, during the course of day. 3. Considering the aforesaid request of learned counsel for the applicant, he is permitted to delete the name of opposite party No.2 from the array of opposite parties, during the course of day. 4. As per learned counsel for the applicant, the present applicant (Ayush Srivastava) is languishing in jail since 28.11.2024 in Case Crime No.319 of 2024, under Sections 376, 504 & 506 I.P.C., Police Station-Hazratganj, District-Lucknow. 5. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged. 6. As per the impugned First Information Report (in short F.I.R.), the present applicant is a sole accused. In the F.I.R., the date of alleged incident has been indicated as 02.08.2023 but the impugned F.I.R. has been lodged on 14.11.2024 without explaining the an inordinate delay of about fifteen months. As per the allegations, the present applicant has established physical relations with the prosecutrix on the pretext of false promise of marriage. 7. Learned counsel for the applicant has stated that the present applicant was a friend of the prosecutrix and he has never established physical relations with her on the pretext of false promise of marriage. Learned counsel for the applicant has drawn attention of this Court towards Annexure No.2 of the bail application, which are the photographs of the prosecutrix showing that she is an open minded lady having good relations with other male persons. 8. Learned counsel for the applicant has stated that by means of the aforesaid photographs, he is not trying to tarnish the image of the prosecutrix but he is trying to demonstrate that besides the present applicant she is having more friends. The present applicant is having no prior criminal history of any kind whatsoever. The investigation is going on. He has undertaken on behalf of present applicant that he shall not misuse the liberty of bail and shall cooperate with the investigation and if the charge-sheet is filed against the present applicant, he shall cooperate in the trial proceedings properly and shall abide by all terms and conditions of bail order, if granted. 9. 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. 10. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that in the F.I.R. the date of alleged incident has been indicated as 02.08.2023 but the impugned F.I.R. has been lodged on 14.11.2024 without explaining an inordinate delay of about fifteen months; the investigation is going on, there is no prior criminal history of the present applicant and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the investigation/trial proceedings properly, I am of the opinion that the present applicant may be released on bail in this case. 11. Accordingly, the instant bail application is allowed. 12. Let the applicant (Ayush Srivastava) 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 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 :- 16.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench