Neutral Citation No. - 2025:AHC-LKO:2824 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 406 of 2025 Applicant :- Ibrahim Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Ms. Sudha Sharma, 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 7.12.2024 in Case Crime No. 405 of 2024 u/s 64(1) B.N.S., P.S. Fakharpur, District Bahraich. 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 impugned F.I.R. wherein no allegation of rape has been levelled against the present applicant though the prosecutrix was informant of the F.I.R. While recording her statement u/s 180 B.N.S.S. she did not levelled any allegation of rape. The applicant filed a bail application before the learned trial court and the learned trial court while disposing of the bail application on 26.11.2024 summoned the prosecutrix / informant before the court and the prosecutrix has apprised the Court that the allegation and information, so given by her are wrong and incorrect as the present applicant has not committed any illegal act with her. While recording her statement the learned trial court granted bail to the present applicant on 26.11.2024. The prosecutrix denied to get her medically examined as her statement has been enclosed as Annexure no. 4. After two days from the bail order dated 26.11.2024, the prosecutrix recorded her statement u/s 183 BNSS wherein she levelled allegation of rape, therefore, the present applicant was again arrested on 7.12.2024. The present applicant is having 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 in the impugned F.I.R. wherein no allegation of rape has been levelled against the present applicant though the prosecutrix was informant of the F.I.R., while recording her statement u/s 180 B.N.S.S. she did not levelled any allegation of rape, on the bail application of the applicant filed before the learned trial court the learned trial court while disposing of the bail application on 26.11.2024 summoned the prosecutrix / informant before the court and the prosecutrix has apprised the Court that the allegation and information, so given by her are wrong and incorrect as the present applicant has not committed any illegal act with her, the prosecutrix denied to get her medically examined as her statement has been enclosed as Annexure no. 4, after two days from the bail order dated 26.11.2024, the prosecutrix recorded her statement u/s 183 BNSS wherein she levelled allegation of rape, the applicant is having no prior criminal history of any kind whatsoever, the 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 Ibrahim, 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 / she 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 / her 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 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 / her 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 16.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench