Neutral Citation No. - 2025:AHC-LKO:11417 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1477 of 2025 Applicant :- Sahid Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A.,Abhishek Kumar Mishra,Jai Prakash Mishra Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anoop Kumar Upadhyay, learned counsel for the applicant, Sri Arun Verma, learned A.G.A. for the State and Sri Abhishek Kumar Mishra, who has filed vakalatnama in Court today on behalf of the informant/ complainant, which is taken on record. 2. As per learned counsel for the applicant, the present applicant is in jail since 30.09.2024, in FIR/ Case Crime No. 226 of 2024, under Sections 76, 351(3), 331(2), 64(2)M of BNS, Police Station- Khargupur, District- Gonda. 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 wherein no allegation of rape has been levelled against the applicant. The only allegation against the applicant is of teasing and molestation. While recording her statement under Section 180 BNS, the victim/ prosecutrix has not levelled any allegation of rape and the same story has been narrated which has been indicated in the FIR. The victim is the informant herself, therefore, she could have levelled allegation of rape if the rape had been committed. Though, while recording her statement under Section 183 BNSS, the victim/ prosecutrix improved the story and levelled allegation of rape by submitting that such act of rape has been committed by the applicant thrice even before lodging the FIR. Learned counsel for the applicant has stated that if the offence of rape was committed before lodging the FIR, at least such allegation could have been levelled in the FIR or in her statement recorded under Section 180 BNSS. He has further stated that the victim/ prosecutrix was medically examined but the medical report of the victim/ prosecutrix does not corroborate the allegation of rape. Charge sheet has been filed. It is 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 wherein no allegation of rape has been levelled against the applicant, the only allegation levelled against the applicant is of teasing and molestation; while recording her statement under Section 180 BNS, the victim/ prosecutrix has not levelled any allegation of rape, though, while recording her statement under Section 183 BNSS, the victim/ prosecutrix levelled allegation of rape; the victim/ prosecutrix was medically examined but the medical report of the victim/ prosecutrix does not corroborate the allegation of rape; charge sheet has been filed; the applicant has no prior criminal history and the undertaking of the applicant that he shall co-operate 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- Sahid Ali 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. (Hon'ble Rajesh Singh Chauhan,J.) Order Date :- 20.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench