Neutral Citation No. - 2025:AHC-LKO:11416 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1173 of 2025 Applicant :- Ambuj Kumar Singh @ Rajan Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Vimal Kishor Singh,Premkant Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vimal Kishor Singh, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 07.12.2024, in FIR/ Case Crime No. 462 of 2024, under Sections Sections 69, 351(2) BNS & Section 3/4 D.P. Act, Police Station- Kothi, District- Barabanki. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR which was lodged on 31.12.2024 for the alleged incident dated 20.11.2024 without explaining the delay of 13 days. As per the contents of the FIR, the present applicant was having relation with the victim/ prosecutrix for the last four years. When the applicant and the victim/ prosecutrix both were minor, the applicant established physical relation with her on the pretext of false promise of marriage. On being major, when the victim/ prosecutrix asked the applicant to to get married with her, the applicant and his family members denied the marriage and settled the marriage of the applicant with someone else. When the victim/ prosecutrix came to know that the Tilak ceremony of the applicant took place on 13.09.2019, the victim/ prosecutrix lodged an FIR against the applicant. She was medically examined, the doctor who conducted her medical examination, gave opinion that the hymen of the victim/ prosecutrix was old-torn and healed. Thereafter, charge-sheet was filed against the applicant under Sections 69, 351(2) BNS & Section 3/4 D.P. Act. Learned counsel for the applicant has submitted that the aforesaid allegation in the FIR is false and misconceived. The applicant has completed his B.Sc. (Agriculture) and now he is preparing for competitive examination. It is further stated that the applicant has no prior criminal history of any kind whatsoever. 4. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate 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, the applicant may be enlarged on bail. 5. 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. 6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the impugned FIR was lodged on 31.12.2024 for the alleged incident dated 20.11.2024 without explaining the delay; the present applicant was having relation with the victim/ prosecutrix for the last four years; doctor who conducted the medical examination of the victim/ prosecutrix, gave opinion that the hymen of the victim/ prosecutrix was old-torn and healed; charge-sheet has been filed; the applicant has completed his B.Sc. (Agriculture) and now he is preparing for competitive examination; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Ambuj Kumar Singh @ Rajan 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. (v) The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 20.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench