Neutral Citation No. - 2025:AHC-LKO:13782 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1911 of 2025 Applicant :- Akash Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Ajay Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajay Sharma, learned counsel for the applicant, Sri Ashok Kumar Singh, learned AGA for the State and Sri Ashutosh Kumar Shukla, who has filed Vakalatnama on behalf of the informant/ victim. Said Vakalatnama is taken on record. 2. As per learned counsel for the applicant, the present applicant is in jail since 22.01.2025 in Case Crime No.011 of 2025, under Sections 69, 351(2) and 123 of B.N.S., Police Station – Millarea, District – Raebareli. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 14.01.2025 for the alleged incident dated 11.05.2023 without explaining the aforesaid inordinate delay. In the FIR, the allegation of rape allegedly committed on 11.05.2023 has been levelled against the present applicant. Thereafter, the allegation of blackmailing and rape has been levelled. Lastly, the allegation has been levelled that on the pretext of false promise of marriage, the present applicant established physical relation with the prosecutrix couple of times and now, he is denying for marriage. Learned counsel has stated that after completion of investigation charge sheet has been filed under Section 69 of B.N.S. and under other sections. There is one allegation in the FIR that first time when the physical relation was established, the applicant administered some intoxicated contents in the tea and taking advantage of that condition of the prosecutrix, he committed rape with her and clicked one video and that video was the basis for blackmailing, however, no such video has been found during investigation, therefore, neither the FIR has been registered under Section 66 of I.T. Act nor charge sheet has been filed under said section. The present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he 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. 4. Learned counsel for the informant has vehemently opposed the aforesaid bail application by submitting that since the applicant and his family members promised for marriage, therefore, no prompt FIR was lodged but when the applicant and his family members denied for marriage, the FIR has been lodged. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that there is unexplained inordinate delay of more than one and half year in lodging the FIR; first time when the physical relation was established, the applicant is alleged to have administered some intoxicated contents in the tea of the prosecutrix and taking advantage of that condition, he committed rape with her and clicked one video and that video was the basis for blackmailing, however, no such video has been found during investigation; the applicant is having no prior criminal history of any kind whatsoever 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Akash 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 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 84 of the 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 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 351 of the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 6.3.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench