Neutral Citation No. - 2025:AHC-LKO:10245 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1412 of 2025 Applicant :- Gufran Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Yogeshwar Sharan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Yogeshwar Sharan Srivastava, learned counsel for the applicant and Sri Ashok Kumar Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Gufran Khan) is languishing in jail since 13.01.2025 in Case Crime No.0019 of 2025, under Sections 69 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station-Jaidpur, District- Barabanki. 3. 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. 4. As per allegation of the F.I.R., the prosecutrix who is a married lady, has established physical relation with the present applicant for the reason that the present applicant had promised her to get married with her. On the promise of the present applicant, she had taken divorce from her first husband but the present applicant is not ready to get married with her. The prosecutrix is in a peculiar condition to the effect that she had taken divorce from her first husband to get married with the present applicant on his promise but the present applicant is now denying to get married with her. However, on the pretext of false promise of marriage, he established physical relations couple of times. The present applicant is an unmarried person. 5. Learned counsel for the applicant has stated that both the parties are, prima-facie, consenting in nature. The present applicant is having no prior criminal history of any kind whatsoever. The investigation is going on. 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 investigation properly and if the charge-sheet has been filed against him, the present applicant shall cooperate in the trial proceedings properly. 6. 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 factual contention of learned counsel for the applicant 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that prima-facie, both the parties are consenting in nature; 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 investigation and if the charge-sheet has been filed against him, he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Gufran Khan) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and 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 :- 17.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench