Neutral Citation No. - 2025:AHC-LKO:12375 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1740 of 2025 Applicant :- Kamruddin Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Manish Soni Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Manish Soni, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the State. 3. As per learned counsel for the applicant, the present applicant (Kamruddin) is languishing in jail since 07.12.2024 in Case Crime No.840 of 2024, under Section 69 of Bhartiya Nyay Sahita, 2023 (in short 'BNS'), Police Station - Kotwali Nagar, District - Barabanki. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated as he has not committed any offence as alleged. 5. Attention has been drawn towards the impugned FIR wherein the allegation of gang rape has been attributed to all four accused persons including the present applicant who are real brothers. As per allegation in the FIR, the present applicant established physical relations with the prosecutrix on the pretext of false promise of marriage and clicked one video. Thereafter he started blackmailing her and his real brothers have also raped with her. During investigation no such material was found, therefore, the name of of other co-accused persons have been deleted from the charge sheet and charge sheet has been filed against the present applicant under Section 69 of BNSS. 6. Learned counsel for the applicant has further stated that the prosecutrix is a married lady, therefore, such allegation are false and misconceived. The FIR has been lodged pursuant to the application being filed under Section 175 (3) BNSS and in such application the delay has not been explained properly. 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. 7. Per contra, learned counsel for the State 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. 8. 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, medical examination report does not corroborate the prosecution story, 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. 9. Let the applicant (Kamruddin) 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. 10. 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