Neutral Citation No. - 2025:AHC-LKO:12338 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1753 of 2025 Applicant :- Jagmohan Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Rajat Srivastava,Mohammed Mustafa Khan,Nandini Verma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Rajat Srivastava, Ms. Nandini Verma and Shri Mohd. Mustafa Khan, learned counsel for the applicant and Ms. Rafia Farooqi, learned A.G.A. for the State-respondents. 2. As per learned counsel for the applicant, the present applicant (Jagmohan Nishad) is languishing in jail since 01.10.2024 in Case Crime No.470 of 2024, under Sections 331(4), 70(1), 352 of Bhartiya Nyay Sahita, 2023 (in short 'BNS'), Police Station - Rausa, District - Sitapur. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned FIR wherein the prosecutrix herself is informant, who has not levelled allegation of rape against the present applicant. As per allegation in the FIR, the allegation of molestation has been levelled. While recording her statement under Section 180 of BNSS, the same allegation has been reiterated but no allegation of rape has been levelled. However, while recording her statement under Section 183 BNSS, the prosecution story improved and allegation of rape has been levelled. 5. Learned counsel for the applicant has stated that if the offence of rape was committed by the applicant, the prosecutrix, who herself is informant, must have alleged against the applicant in the FIR, but no such allegation has been levelled in the FIR, therefore, the prosecution story creates doubt. The medical examination report does not corroborate the prosecution story. The present applicant is having no previous criminal history. The charge-sheet has been filed and he undertakes that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. 6. Per contra, learned A.G.A. has opposed the aforesaid prayer of learned counsel for the applicant but he could not dispute the aforesaid contention of learned counsel for the applicant. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, no allegation of rape has been mentioned in the FIR, which was lodged by the prosecutrix herself, the charge-sheet has been filed, the undertaking of the present applicant that he shall co-operate in the trial proceedings properly, I am of the view that the present applicant may be released on bail. 8. Let the applicant (Jagmohan Nishad) be released on bail in the aforesaid case crime number on his furnishing a personal bond with 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. (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. (v) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. 9. In view of the aforesaid terms, the bail application is allowed. [Rajesh Singh Chauhan, J.] Order Date :- 28.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench