Neutral Citation No. - 2025:AHC-LKO:7196 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1012 of 2025 Applicant :- Shailesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Vishwanath Tiwari,Kaushal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Kaushal Tiwari, learned counsel for the applicant and Shri Ran Vijay Singh, learned AGA for the State- respondents. 2. At the very outset learned counsel for the applicant prays that he may be permitted to delete the opposite party no.2 from the array of opposite party. 3. On the aforesaid request, learned counsel for the applicant is permitted to delete opposite party no.2 from the array of opposite party, during the course of the day. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in Case Crime No.519 of 2024 under Sections 376, 504, 506 IPC, police station Purakalandar, District Ayodhya as he has not committed any offence as alleged. The present applicant is in jail since 19.11.2024. 5. Learned counsel for the applicant has drawn attention of this Court to impugned FIR which was lodged on 17.11.2024 without indicating the date of incident. A perusal of impugned FIR reveals that the prosecutrix was having relations with the applicant for a couple of years. The applicant and prosecutrix belonged to the same village. The applicant is a married person who had been married five years ago, therefore, the allegation of establishing physical relations with the prosecutrix on the pretext of false promise of marriage is not correct. Learned counsel has also stated that the prosecutrix in her statement has also stated that she was in relation with the present applicant for the last three years. Since there is an inordinate delay in lodging the FIR, therefore, the medical examination report does not corroborate with the factum of rape and it has been indicated in the medical report that hymen of the prosecutrix was torn and healed margin. 6. Besides, the present applicant has no prior criminal history of any kind whatsoever. He also submits that charge sheet has also been filed against the applicant. Therefore, if the present applicant is enlarged on bail, he undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. 7. Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant. 8. Having heard learned counsel for the parties and having perused the material on record, it transpires that the impugned FIR has been filed without mention of any date or time of the incident without any explanation, the applicant has no criminal history and charge sheet has also been filed against the applicant, therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of 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. 9. Accordingly, the bail application is allowed. 10. Let applicant- Shailesh 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 :- 4.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench