Neutral Citation No. - 2025:AHC-LKO:10924 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 863 of 2025 Applicant :- Ashish Kumar Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Prashant Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Prashant Vikram Singh, learned counsel for the applicant and Sri Bhanu 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 10.12.2024 in Case Crime No. 395 of 2024 u/s 69 and 351(3) of B.N.S., P.S. Inayatnagar, District Ayodhya. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. This Court has passed the order dated 28.1.2025 which reads as under : "1. Heard Sri Prashant Vikram Singh, learned counsel for the applicant and Sri Shani Pratap Singh, learned AGA for State. 2. Issue notice to opposite party no. 2 returnable at an early date. 3. Steps within a week. 4. Office to proceed accordingly. 5. The present applicant is in jail since 10.12.2024 in Crime No. 395 of 2024, u/s 69 and 351(3) of B.N.S. & 376 and 506 IPC, P.S. Inayatnagar, District Ayodhya. It has been submitted that the applicant has falsely been implicated in this case as he has not committed any offence, as alleged. 6. Attention has been drawn towards Annexure no. 2 which are the photographs of marriage of the applicant with the prosecutrix. The aforesaid marriage took place on 20.4.2022. Since then they were living together happily. The family members of the prosecutrix were not agreeable on that marriage, therefore, they detained the prosecutrix in their house. The present applicant filed a suit u/s 9 of Hindu Marriage Act for restitution of conjugal rights bearing Suit No. 216 of 2024 (Annexure no. 4) on 15.3.2024. After the notice having been issued in the aforesaid case under the pressure of family members his wife lodged a F.I.R. on 19.9.2024. To the best of the information of the applicant the prosecutrix is willing to live with him and he being a husband is also willing to live with his wife. 7. So as to know the aforesaid facts the appearance of the prosecutrix before the Court would be required. 8. List on 19.2.2025 as fresh. On that date the Station House Office, P.S. Inayatnagar, District Ayodhya shall ensure the presence of opposite party no. 2 / prosecutrix. 9. Learned AGA shall intimate this order to the Station House Officer concerned at the earliest for its compliance." 4. Mr. Amar Bahadur Patel, Sub-Inspector and Mrs. Poonam Dixit, Female Head Constable, P.S. Inayatnagar, District Ayodhya ensured the presence of prosecutrix who is present in in the Court. 5. The prosecutrix has stated that she has not got married with the applicant and the suit which was filed by him is concocted. She is not living with him. The present applicant was compelling the prosecutrix to marry with him but she denied that proposal. 6. Learned counsel has stated that initially the F.I.R. has been lodged for the allegation that on the pretext of false promise of marriage the present applicant has established physical relation with her and the present applicant is still ready to live with her treating her as his wife. However, the charge-sheet has been filed u/s 376 and 506 IPC. The present applicant is having no prior criminal history. 7. 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. 8. 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. 9. 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 initially the F.I.R. has been lodged for the allegation that on the pretext of false promise of marriage the present applicant has established physical relation with her, the present applicant is still ready to live with the prosecutrix treating her as his wife, the charge-sheet has been filed u/s 376 and 506 IPC, applicant is having no prior criminal history 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. 10. Bail application is allowed. 11. Let the applicant Ashish Kumar Yadav, 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. Order Date :- 19.2.2025/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