Neutral Citation No. - 2025:AHC-LKO:6281 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 916 of 2025 Applicant :- Kapil Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Purshottam Chaurasia,Prashant Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Purshottom Chaurasia, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant-Kapil Kumar is in jail since 09.11.2024 in Case Crime No.0408 of 2024 for the offence under Section 376 I.P.C. registered at Police Station-Baddupur, District-Barabanki. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 01.01.2022 whereas the F.I.R. has been lodged on 08.06.2024 without explaining the aforesaid inordinate delay. 4. Learned counsel for the applicant has submitted that the prosecutrix/informant is a married lady, mother of two minor daughters but has levelled allegation against the present applicant that he established physical relationship with her on the pretext of false marriage. Further submission is that present applicant is not having any kind of criminal history whatsoever. He has further submitted that charge-sheet has already been filed, therefore, there is no apprehension of absconding or tampering the evidence or witnesses. 5. 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. 6. 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. 7. 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., 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. 8. Bail application is allowed. 9. Let the applicant-Kapil Kumar, 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 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.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, 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 the country without permission of the Court concerned. [Rajesh Singh Chauhan,J.] Order Date :- 30.1.2025 Arti/- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench