Neutral Citation No. - 2025:AHC-LKO:38256 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1640 of 2025 Applicant :- Shyam Sundar Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Counsel for Applicant :- Sumit Kumar Srivastava,Mohd. Salman Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Akash Deep Singh, learned Advocate holding brief of Mr. Mohd. Salman, learned counsel for the applicant and Ms. Rafiya Farooqui, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Shyam Sundar Yadav) is languishing in jail since 29.10.2024 in F.I.R./Case Crime No.0264 of 2024, under Sections 351 (3), 351 (2) and 64 of Bhartiya Nyaya Sanhita, 2023, Police Station- Kandhai, District-Pratapgarh. 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.) wherein the sole allegation has been levelled against the present applicant. As per the allegation of the F.I.R., the prosecutrix has admitted that after death of her husband the present applicant was extending his help to her. Her relations with the present applicant were cordial. He used to come her house quite often though on the date of incident i.e. 19.10.2024 he came to her house at 10:00 p.m. (night) when her children were sleeping and the present applicant forcibly committed rape with her though she could not raised any alarm as the present applicant closed her mouth. Since she was watching TV in her room, so her children could not notice that fact in the voice of TV. 5. Learned counsel for the applicant has explained the criminal history of the present applicant in para-2 of the supplementary affidavit dated 18.02.2025. He has stated that in all the cases the present applicant has been enlarged on bail (Annexure No.SA- 1). The charge-sheet has been filed in this case. 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 with the trial proceedings properly. 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 factual 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 prosecutrix has admitted that after death of her husband the present applicant was extending his help to her and the relation of the prosecurix with the present applicant was cordial; the present applicant has been granted bail in all the criminal cases imposed against him; the charge-sheet has been filed in this case 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. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Shyam Sundar Yadav) 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 :- 7.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench