Neutral Citation No. - 2025:AHC-LKO:10914 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1113 of 2025 Applicant :- Vishal Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another Counsel for Applicant :- Anand Prakash Pandey,Dr.Surya Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard. 2. This Court has passed the order dated 05.02.2025, which reads as under:- "Heard Sri Anand Prakash Pandey, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State. Issue notice to the opposite party no. 2, returnable at an early date. Steps be taken within a week. Office to proceed accordingly. The present applicant is in jail since 13.07.2024 in case crime no. 0417 of 2024, under Sections 376, 504 and 506 of IPC at P.S. Akbarpur District Ambedkar Nagar. Learned counsel for the applicant has submitted that the applicant has been falsely implicated as he has not committed any offence as alleged. Learned counsel for the applicant has stated that the present applicant has got married with the prosecutrix and were happily living as husband and wife before lodging the impugned FIR. In the impugned FIR, the alleged date of incident has been indicated as 03.05.2023, and the FIR has been lodged on 12.07.2024. Further attention has been drawn towards Annexure No. 6 and 7, which are the photographs of the applicant and the prosecutrix, where the prosecutrix has posted one coloured photograph with the present applicant addressing him as ?My Husband Ji", therefore, the learned counsel has stated that when the prosecutrix is herself admitting that the present applicant is her husband the impugned FIR is misconceived. So as to verify the aforesaid fact, the presence of the complainant/prosecutrix would be required on the next date. List on 19th February 2025. On that date, the Station House Officer, P.S. Akbharpur District Ambedkar Nagar shall ensure the presence of complainant/prosecutrix before this Court. Learned AGA shall intimate this order to the SHO concerned, at the earliest for its compliance." 3. In compliance of the aforesaid order, the prosecutrix (X) is present in person before the Court. Miss. Versha Yadav, Female Sub-Inspector and Sri Swatantra Kumar Maurya, Sub-Inspector, Police Station-Kotwali Akbarpur, District-Ambedkar Nagar have assured presence of the prosecutrix. She has stated that though the present applicant is known to her and their relations were cordial but she has not married with the present applicant. Annexure Nos.6 & 7 of the bail application are the photographs, which have been shown to the prosecutrix, and after seeing the said photographs she has stated that those photographs are the photographs of her Instagram wherein she has addressed the present applicant as "My Husband Ji". Now, she is neither willing to live with him nor willing to get married with him. 4. Learned counsel for the applicant has stated that the present applicant has already got married with the prosecutrix but if she is denying this fact he cannot say anything. As the applicant is willing to live with the prosecutrix as husband and wife and shall look after her properly, the present applicant may be released on bail. 5. As per learned counsel for the applicant, the present applicant (Vishal Kumar) is languishing in jail since 13.07.2024 in Case Crime No.0417 of 2024, under Sections 376, 504 & 506 I.P.C., Police Station-Akbarpur, District-Ambedkar Nagar. 6. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. The charge-sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. 7. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contentions of learned counsel for the applicant. 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that charge-sheet has been filed and the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I find it appropriate that the present applicant may be enlarged on bail in this case. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Vishal 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 IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 19.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench