Neutral Citation No. - 2025:AHC-LKO:6848 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 795 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant and Sri Ashok Kumar Singh, learned AGA for the State. 2. Sri Santosh Kumar Srivastava has filed supplementary affidavit explaining the criminal history of the present applicant, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 28.11.2024 in Case Crime No.204 of 2024, under Sections 376 & 506 IPC, Police Station – Jaitpur, District – Ambedkar Nagar. 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, which has been lodged on 20.09.2024 for the alleged incident dated 01.05.2024 without explaining the aforesaid inordinate delay. Further, since the FIR has been lodged after substantial delay, therefore, medical examination of the prosecutrix could not be conducted promptly, resultant thereof the medical examination report has not supported the prosecution version. In her statements recorded under Sections 161 & 164 Cr.P.C., allegation has been levelled but the prosecution story is not the same as has been indicated in the FIR. The prosecutrix is a distant relative of the present applicant and he has not committed any offence with her. 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. 5. 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. 6. 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 there is inordinate unexplained delay of more than four months in lodging the FIR resultant thereof the medical examination report has not supported the prosecution version; in her statements recorded under Sections 161 & 164 Cr.P.C., allegation has been levelled but the prosecution story is not the same as has been indicated in the FIR 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Akhilesh 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 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 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 31.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench