Neutral Citation No. - 2025:AHC-LKO:6039 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 899 of 2025 Applicant :- Aslam Opposite Party :- State Of U.P. Thru. A.C.S. / Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Shaista Parveen Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Shaista Parveen, learned counsel for the applicant and Sri Shani Pratap Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 9.11.2024 in Case Crime No. 387 of 2024 u/s 74, 64(1), 351(3) BNS, P.S. Dargah Sharif, District Bahraich. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Learned counsel for the applicant has filed supplementary affidavit, same is taken on record. 4. It has been submitted that in the F.I.R. no specific allegation of rape has been levelled as only the allegation of touching badly has been levelled by the informant. While recording her statement u/s 180 BNSS all the victims have not levelled any allegation against the applicant for committing rape though while recording statement u/s 183 BNSS one victim who is informant has levelled allegation of rape saying that the present applicant has committed rape three years ago, though no F.I.R. at that point of time has been lodged. That victim is mother of another victim who has not levelled any allegation in her statement u/s 183 BNSS. Learned counsel has explained the criminal history of the present applicant in para 2 of the supplementary affidavit. 5. Ms. Parveen has also stated that the impugned is an outcome on account of some money transaction between the parties. The investigation is going on in this case. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the F.I.R. no specific allegation of rape has been levelled, only the allegation of touching badly has been levelled by the informant, while recording her statement u/s 180 BNSS all the victims have not levelled any allegation against the applicant for committing rape though while recording statement u/s 183 BNSS one victim who is informant has levelled allegation of rape saying that the present applicant has committed rape three years ago, though no F.I.R. at that point of time has been lodged, the victim is mother of another victim who has not levelled any allegation in her statement u/s 183 BNSS, the criminal history of the present applicant has been explained in para 2 of the supplementary affidavit, there is some dispute regarding money transaction between the parties, investigation is going on in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant Aslam, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her 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 B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 29.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench