Neutral Citation No. - 2025:AHC-LKO:12224 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1726 of 2025 Applicant :- Amit Upadhyay @ Amit Kumar Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Madhavesh Mishra,Mahendra Nath Mishra Counsel for Opposite Party :- G.A.,Avnish Kumar Tiwari,Dr. Surendra Kumar Misra Hon'ble Rajesh Singh Chauhan,J. Heard Sri Mahendra Nath Mishra, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. The present applicant is in jail since 12.11.2024, in case crime no. 660 of 2024, under Sections 64(1), 123, 351(2) of BNS at Police Station Madiyaon District Lucknow. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 26.10.2024 for the alleged incident dated 13.08.2024, pursuant to the application filed under Section 173(4) BNSS. In this case, the allegation has been levelled that the present applicant has established physical relation with the prosecutrix on the pretext of false promise of marriage, not only above, the applicant assured the prosecutrix to provide one job of Staff Nurse, however, the prosecutrix was not having qualification to be appointed as a Staff Nurse. The prosecutrix became friends with the present applicant through social media. Learned counsel for the applicant has drawn attention of this Court to the Annexure No. SA-2, which is a copy of the case diary relating to the mobile location of the applicant, which disclose that on the date of incident, the present applicant was not present at Lucknow as he was at Najibabad. Learned counsel has further submitted that the story so narrated by the prosecutrix is highly improbable inasmuch as she had stated that she had gone to Najibabad to Lucknow on 14.08.2024 at 2:00 PM, which is about 520 Kms from Lucknow, and she returned from Najibabad on the same day and lodged a complaint before the Police Station, which is not possible. The medical examination has not corroborated with the allegation levelled in the FIR. Learned counsel has stated that no chargesheet has been filed against the present applicant under Section 69 BNSS, but the same has been filed under Section 64(1) as well as other Sections. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 12.11.2024; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Amit Upadhyay @ Amit Kumar Upadhyay, 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 of the Indian Penal Code. (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. is issued and the applicants fail 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 of the Indian Penal Code. (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. 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. Order Date :- 28.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench