Neutral Citation No. - 2025:AHC-LKO:11520 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1596 of 2025 Applicant :- Mohd. Arman @ Sujaib Ghazi @ Sumit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Zia Ul Qayuim,Mohd Ashif Khan,Syed Mohd. Afzal Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Mr. Zia Ul Qayuim Jilani, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Mohd. Arman @ Sujaib Ghazi @ Sumit) is languishing in jail since 25.11.2024 in Case Crime No.660 of 2024, under Sections 376, 419, 323, 504 & 506 I.P.C., Police Station-Gola, District- Lakhimpur Kheri. 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. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which was lodged on 24.11.2024 for the alleged incident dated 25.07.2020 without explaining an inordinate delay for more than four years. The prosecutrix is 26 years of age whereas the present applicant is young boy of 20 years. As per the allegation, the present applicant has established physical relations with the prosecutrix and clipped one video of that incident. He did not inform to the posecutrix his correct name and introduced himself as Hindu whereas he is a Muslim. 5. Learned counsel for the applicant has stated that in the F.I.R.it has no where been indicated that such physical relation has been established forcefully or without consent of the informant,rather the presumption thereof is that such relations are consensual in nature.The prosecutrix has only averred in the FIR that the present applicant has apprised her incorrect religion. In her statement recorded under Sections 161 Cr.P.C.& 164 Cr.P.C. she narrated the same story. Though she improved the same story in her statement recorded under Section 164 Cr.P.C. Since no prompt FIR was lodged,therefore,the allegation of the FIR could not be corroborated in the medical examination report. 6. Learned counsel for the applicant has stated that the present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed. 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 trial proceedings properly. 7. 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 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is an inordinate delay of more than four years in lodging the F.I.R., which has not been explained; in the F.I.R. there is no indication that the present applicant has established physical relation with the prosectrix forcefully; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed 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 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. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Mohd. Arman @ Sujaib Ghazi @ Sumit) 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 24.2.2025 Suresh/ Digitally signed by :- RAJESH SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench