Neutral Citation No. - 2025:AHC-LKO:42761 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2308 of 2025 Applicant :- Rahul Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Ashok Kumar Singh Tomar Counsel for Opposite Party :- G.A.,Ajay Pratap Singh,Bhanu Pratap Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ashok Kumar Singh Tomar, learned counsel for the applicant and Dr. Surendra Singh, learned A.G.A. for the State. 2. Despite the time being granted to the learned counsel for the informant to file counter affidavit, no counter affidavit has been filed. Learned counsel for the informant is not present nor any request for adjournment has been made. 3. It has been contended by the learned counsel for the applicant that the applicant is in jail since 12.1.2025 in Crime No. 9 of 2025 u/s 64(1), 351(2) BNS, 67, 67A, 66E I.T. Act, P.S. Chinhat, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 4. Attention has been drawn towards impugned F.I.R. wherein the date of incident has been indicated as 4.12.2024 but the F.I.R. has been registered on 10.1.2025 i.e. after inordinate delay of about 36 days without explaining the delay. Learned counsel has stated that it appears that the impugned F.I.R. has been lodged on the ill-advice inasmuch as the present applicant is in affairs with the prosecutrix and both are willing to get married. At least the present applicant is willing to get married to the prosecutrix as recital to this effect has been given in para 13 of the bail application . Some coloured photographs have been enclosed as Annexure no. 4 showing intimacy of the present applicant with the prosecutrix. 5. Learned counsel has stated that the present applicant is a student of B. Pharma. IInd Year from Sampurna College of Pharmacy, Chinhat, Lucknow. Since he is in jail from 12.1.2025, his studies are being affected. Charge- sheet has been filed. If he is enlarged on bail he would be able to pursue his studies and shall abide by all terms of conditions of the bail order. The applicant has no criminal history of any kind whatsoever. Learned counsel has also stated that supplementary affidavit has been filed on 12.3.2025 showing the order dated 11.3.2025 passed by the Sessions Court, Lucknow rejecting the bail application of the present applicant in added section i.e. 66E of I.T. Act. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the F.I.R. the date of incident has been indicated as 4.12.2024 but the F.I.R. has been registered on 10.1.2025 i.e. after inordinate delay of about 36 days without explaining the delay, F.I.R. has been lodged on the ill- advice inasmuch as the present applicant is in affairs with the prosecutrix and both are willing to get married, applicant is willing to get married to the prosecutrix as recital to this effect has been given in para 13 of the bail application, some coloured photographs have been enclosed as Annexure no. 4 showing intimacy of the present applicant with the prosecutrix, applicant is a student of B. Pharma. IInd Year from Sampurna College of Pharmacy, Chinhat, Lucknow, his studies are being affected, charge-sheet has been filed, if applicant is enlarged on bail he would be able to pursue his studies, applicant has no criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant Rahul Maurya, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her 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 B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. Order Date :- 24.7.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench