Neutral Citation No. - 2025:AHC-LKO:11161 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1566 of 2025 Applicant :- Anand Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vinay Kumar Mishra learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2. It has been contended by the learned counsel for the applicant that the applicant (Anand) is in jail since 12.11.2024 in Case Crime No.428 of 2024 under Sections 78, 352, 351 (2) 333 & 64 (1) of Bharatiya Nyaya Sanhita, 2023, Policec Station- Safdarganj, District-Barabanki. 3. It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 4. Learned counsel for the applicant has stated that for the alleged incident dated 13.09.2024, the impugned First Information Report (in short F.I.R.) has been lodged on 16.09.2024 without explaining the delay. The allegation has been levelled against two accused persons including the present applicant but no allegation of rape has been levelled in the F.I.R. He has further stated that while recording the statement of the prosecutrix under Section 180 B.N.S.S., no allegation of rape has been levelled whereas the informant is the prosecutrix herself. However, while recording her statement under Section 183 B.N.S.S. the prosecution story was improved levelling allegation of rape. The prosecutrix denied the medical examination, which creates doubt on the prosecution story. 5. Learned counsel for the applicant has further submitted that the charge-sheet has been filed. The present applicant has no previous criminal history of any kind whatsoever. He has given an undertaking on behalf of applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if granted. 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 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 the impugned F.I.R. has been lodged on 16.09.2024 for the alleged incident dated 13.09.2024 without explaining the delay; the allegation has been levelled against two accused persons including the present applicant but no allegation of rape has been levelled in the F.I.R; the fact that there is contradiction in the statements of the prosecutrix recorded under Section 180 & 183 B.N.S.S.; the charge-sheet has been filed and the applicant has no previous criminal history of any kind whatsoever and the undertaking of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, without expressing any opinion on the merits of the case, I am of the view that the present applicant is entitled to be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Anand) 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 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 :- 20.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench