Neutral Citation No. - 2025:AHC-LKO:4246 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 614 of 2025 Applicant :- Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant and Sri Alok Singh, learned AGA for the State. 2. This is the second bail application as first bail application bearing Criminal Misc. Bail Application No.13178 of 2024 was rejected being not pressed on 20.12.2024 seeking liberty to file a fresh bail application. 3. As per learned counsel for the applicant, the present applicant is in jail since 28.09.2024 in Case Crime No.210 of 2024, under Sections 76, 351(3), 64(1), 61(2) & 3(5) of B.N.S., Police Station – Khandasa, District – Ayodhya. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the allegation has been levelled against the present applicant and one Punam. In the FIR, exact date of incident has not been indicated, though one date of incident has been indicated as 28.08.2024 but the FIR has been lodged on 25.09.2024. The allegation of rape has been levelled on 22.09.2024 but the earlier incidents, which have been indicated in the FIR, make it crystal clear that the prosecutrix was having good relation with the applicant and has received gift of two mobile phones twice. In her statement recorded under Section 180 of B.N.S.S., the allegation of rape has been levelled and in such statement, she has stated that the aforesaid offence was committed at the behest of her aunty Khushbu. Learned counsel has stated that relation of the present applicant with the prosecutrix was consensual in nature and the allegation of rape is false and misconceived. 5. Learned counsel has further submitted that the prosecutrix was medically examined wherein the prosecution story could not be substantiated. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 6. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that no exact date of incident has been indicated in the FIR; the prosecutrix received gift twice from the applicant; In her statement recorded under Section 180 of B.N.S.S., the prosecutrix has stated that the offence of rape was committed at the behest of her aunty Khushbu; it appears that relation of the present applicant with the prosecutrix was consensual in nature; the applicant is having no prior criminal history of any kind whatsoever 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. 8. Accordingly, the bail application is allowed. 9. Let applicant- Rahul 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 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 the 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 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 the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 22.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench