Neutral Citation No. - 2025:AHC-LKO:14378 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2036 of 2025 Applicant :- Rajesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari,Akanksha Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Alok Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 11.12.2024 in Case Crime No. 258 of 2024, u/s 352, 64(1), 115(2) BNS, P.S. Hasanganj, District Unnao.It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. which has been lodged on 26.10.2024 for the incident which took place on 19.8.2024 pursuant to the order being passed in an application u/s 175(3) BNSS without explaining the delay. Learned counsel has further submitted that the prosecutrix is the real sister-in-law (Bhabhi) of the applicant but this fact has not been disclosed in the F.I.R. and as per allegations of the F.I.R. the present applicant is neighbour of the prosecutrix. The prosecutrix is a married lady having four children and there is property dispute between the present applicant and his brother, the husband of the prosecutrix, therefore, this false and misconceived F.I.R. has been lodged against him. The medical report does not substantiate the allegations of the F.I.R. There is one criminal history against the present applicant wherein the 'Final Report' has been filed in favour of the present applicant except that criminal history there is no criminal case against the present applicant. Charge-sheet has been filed in this case. 4. 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. 5. Learned A.G.A. opposed the prayer for bail and submitted that since there is delay in the F.I.R., therefore, the medical examination could not substantiate the allegations of the F.I.R and further he could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. 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 F.I.R. has been lodged on 26.10.2024 for the incident which took place on 19.8.2024 pursuant to the order being passed in an application u/s 175(3) BNSS without explaining the delay, the prosecutrix is the real sister-in- law (Bhabhi) of the applicant but this fact has not been disclosed in the F.I.R. and as per allegations of the F.I.R. the present applicant is neighbour of the prosecutrix, prosecutrix is a married lady having four children and there is property dispute between the present applicant and husband of the prosecutrix, medical report does not substantiate the allegations of the F.I.R., there is one other criminal history of the present applicant wherein the 'Final Report' has been filed in favour of the present applicant except that criminal history there is no criminal history of the present applicant, charge-sheet has been filed in this case 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. 7. Bail application is allowed. 8. Let the applicant Rajesh, 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. . (Rajesh Singh Chauhan, J.) Order Date :- 10.3.2025 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 Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench