Neutral Citation No. - 2025:AHC-LKO:11453 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1568 of 2025 Applicant :- Dharmraj Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Dinesh Kr. Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Dinesh Kumar Sharma, learned counsel for the applicant and Sri Rajnish Kumar Verma, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 10.11.2024 in Case Crime No. 991 of 2024 u/s 64, 74, 351(3), 352, 115 B.N.S., P.S. Kotwali Nagar, District Barabanki. 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 impugned F.I.R. which was lodged on 4.11.2024 for the incident dated 31.10.2024 without explaining the delay in lodging the F.I.R. In the F.I.R. no allegation of rape has been levelled against the present applicant. In the F.I.R. as well as in the statement of the prosecutrix only allegation of teasing / molestation has been levelled against the present applicant but while recording the statement u/s 183 BNS the allegation of rape has been levelled. In such allegation the prosecutrix who is aged about 35 years has stated that the present applicant had earlier committed rape with her and clicked one video and committed rape again by threatening her to make such video viral. The prosecutrix is a married lady and if the entire prosecution story is read on its face value, prima facie it appears that it is a case of false implication. The prosecutrix has not got herself medically examined. Charge-sheet has been filed in this case. The applicant has no previous criminal history of any kind whatsoever. 4. 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. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. 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 F.I.R. was lodged on 4.11.2024 for the incident dated 31.10.2024 without explaining the delay in lodging the F.I.R, in the F.I.R. no allegation of rape has been levelled against the present applicant, in the F.I.R. as well as in the statement of the prosecutrix only allegation of teasing / molestation has been levelled against the present applicant, the prosecutrix has not got herself medically examined, charge-sheet has been filed in this case, applicant has no previous criminal history of any kind whatsoever 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. 7. Bail application is allowed. 8. Let the applicant Dharmraj Yadav, 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 / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 24.2.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench