Neutral Citation No. - 2025:AHC-LKO:13753 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2017 of 2025 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Surya Prakash,Arsh Bugga Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Surya Prakash, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Neeraj Kumar) is languishing in jail since 05.12.2024 in Case Crime No.0272 of 2024, under Sections 376, 323, 504 & 506 I.P.C., Police Station-Nighasan, District-Lakhimpur Kheri. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which was lodged on 13.10.2024 for the alleged incident dated 10.01.2024. The aforesaid F.I.R. has been lodged pursuant to the order being passed on the application filed under Section 156 (3) Cr.P.C. on 17.02.2024 without explaining the reason of delay properly. The prosecutrix is a married lady. She refused her medical examination, whereas in the cases where the allegation of rape has been levelled, the medical examination is necessary. 5. Learned counsel for the applicant has stated that the prosecutrix in her statement recorded under Section 183 B.N.S.S., no specific allegation of rape has been levelled. However, in her application filed under Section 156 (3) Cr.P.C. as well as in her statement recorded under Section 180 B.N.S.S.. such allegation has been levelled. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the F.I.R. has been lodged on 13.10.2024 for the alleged incident dated 10.01.2024 without explaining the reason of delay properly; there is contradiction in the statement of the prosecutrix recorded under Section 180 B.N.S.S. and Section 183 B.N.S.S.; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Neeraj Kumar) 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 IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 6.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench