Neutral Citation No. - 2025:AHC-LKO:5303 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 786 of 2025 Applicant :- Saurabh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ram Singh, learned counsel for the applicant and Sri Arun Kumar Verma, learned AGA for the State. The present applicant is in jail since 13.12.2024, in case crime no. 314 of 2024, under Sections 69, 79, 351(3) of BNS at Police Station Ibrahimpur District Ambedkar Nagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, the present applicant is the sole accused. In the impugned FIR, no specific date of alleged incident has been indicated, only this much has been indicated that the present applicant is establishing physical relation with the prosecutrix for last three years on the pretext of false promise of marriage. The prosecutrix has denied to get herself medically examined as her statement has been indicated in the medical report, which has been annexed as annexure no. 1 with the supplementary affidavit. Attention has been drawn towards her statement recorded under Section 180 and 183 BNSS wherein, no specific date, time and place has been indicated for the alleged offence. Some WhatsApp chats have been shown, annexed with the supplementary affidavit, from perusal thereof it shows that the prosecutrix was also having relation with one Doctor, the recital thereof has also been given in paragraph 6 of the bail application. The present applicant is having no criminal history of any kind whatsoever. Chargesheet 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 has 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 13.12.2024; 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- Saurabh 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 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 :- 27.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench