Neutral Citation No. - 2025:AHC-LKO:36720 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1364 of 2025 Applicant :- Farjan Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saggir,Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard Ms. Arti Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant, Farjan Ali with a prayer to release him on bail during the trial in Case Crime No.249 of 2024, under Sections 87/64 B.N.S., Police Station Bazar Shukul, District Amethi. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. She submits that the statement of the victim under Section 183 B.N.S. demolishes the story of the prosecution. She added that the father has lodged the first information report, whereas the statement of the victim is enough to show that she was in love with the present applicant and she went away with the applicant with her own sweet will and she is a major. She also submitted that no forceable physical relation has ever been made by the applicant and once the alleged victim and complainant became annoyed, the first information report has been lodged. She also added that the charge sheet has been filed and there is no possibility that the applicant would temper the evidence. She next submits that the applicant has no previous criminal history and is languishing in jail since 01.10.2024. Thus, submission is that the applicant may be enlarged on bail. In case, the applicant is enlarged on bail, he will not misuse the liberty and will co-operate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State has opposed the contentions aforesaid. 5. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is languishing in jail since 01.10.2024, who has no previous criminal history. There is no possibility of conclusion of trial in near future and the applicant has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 6. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 7. Let the applicant, Farjan Ali involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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. He 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) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 Cr.P.C.; and (iv) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 8. 8. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 9. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh, J.] Order Date :- 27.6.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench