Neutral Citation No. - 2025:AHC-LKO:11901 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1778 of 2025 Applicant :- Nakau @ Usman Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Ko. Counsel for Applicant :- Manish Kumar Gupta,Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Manish Kumar Gupta, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. The present applicant is in jail since 23.01.2025, in case crime no. 344 of 2024, under Sections 79, 352, 351(2), 64(1) of IPC at Police Station Deeh District Raebareli. 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 23.11.2024 for the alleged incident dated 10.11.2024 without explaining the delay. Bare perusal of the FIR as well as the statement of the prosecutrix recorded under Section 180 and 183 BNSS reveals that there is some monetary dispute between the parties and on account of such dispute, the allegation of rape has been levelled in the statement recorded under Section 180 BNSS. The learned counsel has stated that the prosecutrix herself is an informant and when the alleged incident had taken place with her, she must have alleged such fact in the FIR but no such allegation of rape has levelled in the FIR. The husband of the prosecutrix was also indicating the aforesaid fact as per the statement which has been enclosed with the bail application but no prompt FIR has been lodged. As per the statement of the husband of the prosecutrix, his wife informed him about the incident dated 10.11.2024 on 23.11.2024 and the FIR has been lodged on the same date, i.e., 23.11.2024 without levelling any allegation of rape. Learned counsel has stated that the prosecutix was medically examined but no medical report has been made a part of the case diary. In the supplementary affidavit, the applicant has explained the criminal history of one case and criminal history of two other minor cases have been explained in paragraph 26 of the bail applicant. The charge-sheet has been filed. 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 23.01.2025; 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- Nakau @ Usman Ali, 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 :- 27.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench