Neutral Citation No. - 2025:AHC-LKO:14896 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1943 of 2025 Applicant :- Mohd. Samshad @ Manna Opposite Party :- State Of U.P. Thru. Prin. Secy.Of Home Lko. Counsel for Applicant :- Alok Kumar,Vijay Prakash Srivastava Counsel for Opposite Party :- G.A.,Mohd. Jabir Hon'ble Rajesh Singh Chauhan,J. 1. Heard. 2. Mohd. Jabir, learned counsel for the complainant has filed short counter affidavit, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 31.01.2025 in Case Crime No.0026 of 2025, under Sections 69, 316(2), 115(2), 351(2) & 318(4) of B.N.S., Police Station- Badosarain, District- Barabanki. 4. This Court has passed the order dated 04.03.2025, which reads as under:- "Heard Sri Vijay Prakash Srivastava, learned counsel for the applicant and Sri Ram Ji, learned AGA for the State. The present applicant is in jail since, 31.01.2025 in case crime no. 0026 of 2025, under Sections 69, 316(2), 115(2), 351(2) and 318(4) of BNS at P.S. Badosarain, District Barabanki. Learned counsel for the applicant has submitted that the applicant has been falsely implicated as he has not committed any offence as alleged. Learned counsel has stated on the basis of specific instructions that the present applicant is ready to get married with the prosecutrix and as soon as he is released from jail, he shall marry with the prosecutrix at the earliest. So as to verify the aforesaid fact and willingness of the prosecutrix, her appearance would be required before this Court on the next date. List on 11.03.2025. On that date, the SHO, P.S. Badosarain, District Barabanki shall ensure the presence of the prosecutrix. Learned AGA shall intimate this order to the SHO at the earliest for its compliance." 5. In compliance of the aforesaid order, Sri Ranjeet Singh, Inspector and Ms. Arti Verma, Female Constable, Police Station- Badosarain, District- Barabanki, have ensured presence of the prosecutrix, who is present in the Court. 6. The prosecutrix has stated that she is in affairs with the applicant and she is also willing to get married with him. 7. Learned counsel for the applicant has also stated that since he has already stated before this Court that the applicant is ready to get married with the prosecutrix, therefore, he reiterates his undertaking. 8. Learned AGA has stated that the FIR has already been lodged against the present applicant, therefore, any appropriate direction may be issued in the interest of prosecution. 9. Having heard learned counsel for the parties and having perused the material available on record as well as statement of the prosecutrix, who is present in the Court, I find it appropriate to release the applicant on bail. It is made clear that I have not entered into merits of the issue. 10. Accordingly, the bail application is allowed. 11. Let applicant- Mohd. Samshad alias Manna 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 :- 11.3.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench