Neutral Citation No. - 2025:AHC-LKO:4634 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 674 of 2025 Applicant :- Anjum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Pawan Kumar Nigam,Ram Babu Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Pawan Kumar Nigam, learned counsel for the applicant and learned AGA for the State-respondents. 2. Learned counsel for the applicant submits that the instant application has been filed praying to enlarge the applicant on bail in FIR/ Case Crime No.748 of 2024, under Sections 64, 333, 115(2), 352, 351(3) of B.N.S., police station Kotwali Nagar, District Gonda. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated and is in jail since 02.10.2024 in the aforesaid case. 4. Attention has been drawn towards the impugned FIR which was lodged on 01.10.2024 for the incident dated 02.09.2024 without explaining the inordinate delay of about one month. In the impugned FIR allegation has been levelled against four persons including the present applicant. 5. Attention has been drawn towards Annexure no.5 to the bail application which is a statement of the sister-in-law (nanad) of the prosecutrix who has stated that in the midnight at about 1 a.m. when she woke up to drink water, she saw the present applicant running out from the room of her sister-in-law (bhabhi)/ prosecutrix. She went in the room of her sister-in-law and saw that the prosecutrix was not wearing her clothes properly and was weeping and she told that the present applicant had committed rape with her. Learned counsel has stated that if any alleged incident had taken place on 02/03.09.2024, the FIR would have been lodged immediately thereafter, but no such FIR was lodged. The prosecutrix was medically examined and the medical examination report did not support the prosecution allegation. 6. Learned counsel for the applicant has lastly submitted that in the aforesaid circumstances the applicant is entitled to be enlarged on bail. He further submits that charge sheet has been filed against the applicant. The applicant has criminal history of one case which has been explained in paragraph 17 to the bail application and the present applicant undertakes that if he is enlarged on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order. 7. Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant. 8. 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 FIR was lodged after a delay of about one month and the medical examination report of the prosecutrix do not corroborate with the prosecution story. Further, charge-sheet has been filed against the applicant and the applicant has explained his criminal history in bail application and has given the undertaking that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, thus, the applicant is entitled to be released on bail in this case. 9. Accordingly, the bail application is allowed. 10. Let applicant- Anjum 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 / 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 :- 23.1.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench