Neutral Citation No. - 2025:AHC-LKO:6369 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 918 of 2025 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Bharat Kumar Dixit, learned counsel for the applicant and Sri Ran Vijai Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 07.12.2024 in Case Crime No.458 of 2024, under Sections 333, 64 (1), 351(3), 117(2) of B.N.S., 2023, Police Station – Maharajganj, District – Raebareli. 3. 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 17.11.2024 for the alleged incident dated 14.11.2024 without explaining the delay of three days. Learned counsel has stated that even if the FIR version is taken on its face value, this case, prima facie appears to be consensual in nature. Annexure No.3 of the bail application is the statement of the husband of the prosecutrix, who has specifically stated that he had gone to take holy dip in the Ganga on the fateful day and when he returned to his house, he saw that his wife (prosecutrix) is sleeping with the applicant, then he tried to catch the applicant but he ran away. Then he called police on 112 number, police came, he narrated the entire story, thereafter FIR was lodged. Learned counsel has stated that the aforesaid fact has not been indicated in the FIR. Learned counsel has stated that since the husband of the prosecutrix had seen the incident in his own eyes, therefore, he had beaten his wife and such injury marks are indicated in the injury report, though the prosecution says that the prosecutrix received such injuries from the present applicant, which is incorrect. The applicant is having no prior criminal history of any kind whatsoever. 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. 4. 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. 5. 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 three days unexplained delay in lodging the FIR; prima facie, it appears that this is a case of consensual in nature as the husband of the prosecutrix had seen the incident and had beaten his wife, therefore, the allegation of rape has been levelled; the applicant is having no prior criminal history of any kind whatsoever 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. 6. Accordingly, the bail application is allowed. 7. Let applicant- Shiv 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 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 the B.N.S.S., 2023 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 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 the 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 in accordance with law. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 30.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench