Neutral Citation No. - 2025:AHC-LKO:7792 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 644 of 2025 Applicant :- Rishi Patel @ Rishi Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Rahul Singh Rana Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard. Sri Dinesh Chandra, Advocate has filed his vakalatnama on behalf of the informant, the same is taken on record. Mr. Vikash Kumar, Sub-Inspector and Mrs. Nisha Devi, Female Constable P.S. Jagatpur Distt- Raebareli have ensured the present of the prosecutrix, who is present in person before the Court. This Court has passed the order dated 22.01.2025, which reads as under:- "Heard Sri Rahul Singh Rana, learned counsel for the applicant and the learned AGA for the State. The present applicant is in jail since 22.09.2024, in case crime no. 230 of 2024, under Section 69 of BNS at P.S. Jagatpur District Raebareli. Learned counsel for the applicant has stated that the present applicant and the prosecutrix were living together in living relationship and they were willing to get married. The applicant is still willing to live with the prosecutrix after getting married. Learned counsel for the applicant has demonstrated annexure no. 7, which is a coloured photograph, showing the intimacy of the relation between the applicant and the prosecutrix. So as to verify the aforesaid fact, the presence of the prosecutrix would be required on the next date. List on 6th February 2025. On that date, the SHO of P.S. Jagatpur District Raebareli, shall ensure the presence of the prosecutrix. The learned AGA shall intimate this order within two days to the SHO concerned for its compliance. " On being asked from the prosecutrix, as to whether she is willing to get married with the applicant, she has categorically refused and has submitted that she is not willing to get married with the applicant. She has stated that she has not levelled any allegation against the present applicant while recording her statement and the coloured photograph, which has been annexed as annexure no. 7 is a photograph of her with the applicant. She has stated that she cannot disclose the reason as to why she is not interested to get married with the applicant. The learned counsel for the applicant has stated that this is a case where the allegation has been levelled that the present applicant has established physical relation with the prosecutrix on the pretext of false promise of marriage but today, the prosecutrix is herself denying to get married with him. The present applicant is having no prior criminal history. The charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State and the counsel for the informant have also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 22.09.2024; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Rishi Patel @ Rishi Kumar, 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 of the Indian Penal Code. (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. 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 him, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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. Order Date :- 6.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench