Neutral Citation No. - 2025:AHC-LKO:10149 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1306 of 2025 Applicant :- Subham @ Shivam Sahu Opposite Party :- State Of U.P. Thru. Pri. Secy. Hime Lko Counsel for Applicant :- Vikas Maurya,Umesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Umesh Kumar Maurya, learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and Sri Sudhir Kumar Rai, Advocate who has filed supplementary affidavit enclosing therewith the copy of the order dated 13.2.2020 passed by the Division Bench of this Court in Misc. Bench No. 4016 of 2020 (Subham @ Shivam Sahu & another vs. State of U.P. and others) whereby the arrest of the present applicant has been stayed till filing of the police report, same is taken on record. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 27.9.2024 in Case Crime No. 180 of 2019 u/s 342, 376, 506 IPC, P.S. Achalganj, District Unnao. 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 14.7.2019 but the F.I.R. has been lodged on 28.7.2019 pursuant to the order passed in an application u/s 156(3) Cr.P.C. on 23.7.2019. No explanation of delay has been given from 14.7.2019 till 23.7.2019 when the application u/s 156(3) Cr.P.C. has been filed. 4. Attention has been drawn towards the order dated 13.2.2020 passed by the Division Bench of this Court in re: Misc. Bench No. 4016 of 2020 (supra) whereby the arrest of the petitioner has been stayed by this Court. Pursuant to the aforesaid order the applicant cooperated in the investigation and has not flouted the liberty of protection. After filing of charge-sheet and process of the Court has been issued pursuant thereto the applicant was taken into custody on 27.9.2024. As per prosecution story the allegation has been levelled against the present applicant and his father that on the promise to the effect that they shall provide any appropriate job to the prosecutrix established physical relation against her will. 5. Learned counsel has stated that the prosecutrix refused to get herself medically examined, however, if the allegation of rape has been levelled, the medical examination of the prosecutrix is necessary. 6. The applicant has no prior criminal history. In this case charge-sheet has been filed. It is further submitted that co- accused Ram Kumar has been granted bail vide order dated 20.11.2024 passed in Criminal Misc. Bail Application No. 11967 of 2024 (Ram Kumar Vs. State of U.P.) 7. 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. 8. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 9. 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., the fact that the date of incident is 14.7.2019 but the F.I.R. has been lodged on 28.7.2019 pursuant to the order passed in an application u/s 156(3) Cr.P.C. on 23.7.2019 but no explanation of delay has been given from 14.7.2019 till 23.7.2019 when the application u/s 156(3) Cr.P.C. has been filed, the fact that the applicant cooperated in the investigation and has not flouted the liberty of protection, the prosecutrix refused to get herself medically examined, however, if the allegation of rape has been levelled, the medical examination of the prosecutrix is necessary, applicant has no prior criminal history, in this case charge-sheet has been filed 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. 10. Bail application is allowed. 11. 10. Bail application is allowed. 11. Let the applicant Subham @ Shivam Sahu, 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. 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 the country without permission of the Court concerned. (Rajesh Singh Chauhan, J.) Order Date :- 17.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench