Neutral Citation No. - 2025:AHC-LKO:4662 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 662 of 2025 Applicant :- Ankit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Praveen Kumar Pandey, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Ankit Yadav) is languishing in jail since 29.10.2024 in Case Crime No.397 of 2024, under Sections 87, 351 (2) & 64 (1) of Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as the "B.N.S."), Police Station-Unchahar, District-Raebareli. 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 allegation has been levelled against the present applicant for teasing, therefore, the impugned F.I.R. has been registered under Sections 137 & 87 B.N.S. While recording statement of the prosecutrix under Section 180 B.N.S.S. no allegation of rape has been levelled against the present applicant, rather, it has been stated that the prosecutrix had gone with the present applicant willingly. However, while recording her statement under Section 183 B.N.S.S., she has levelled the allegation of rape. The prosecutrix was medically examined and the allegation of the prosecution could not be substantiated in the medical examination. 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 initially the F.I.R. was registered under Sections 137 & 87 B.N.S. but the charge-sheet has been filed under Sections 87, 351 (3) & 64 (1) B.N.S.; in the statement of the prosecutrix recorded under Section 180 B.N.S.S. no allegation of rape has been levelled against the present applicant, rather, it has been stated that the prosecutrix had gone with the present applicant willingly; the prosecutrix was medically examined but the allegation of the prosecution could not be substantiated in the medical examination; the charge-sheet has been filed; the present applicant is having no prior criminal history of any kind whatsoever 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 with 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 (Ankit Yadav) 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 :- 23.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench