Neutral Citation No. - 2025:AHC-LKO:13778 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2046 of 2025 Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Archana Rawat,Rahul Kumar Kaushal Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Archana Rawat, learned counsel for the applicant and Sri Pranesh Kumar Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 31.12.2024 in Case Crime No.904 of 2024, under Sections 64(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Dewa, District- Barabanki. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Learned counsel for the applicant has stated that applicant is a sole accused. The prosecutrix is a married lady of 35 years and is aunty of the applicant. She has further stated that the aforesaid false allegation has been levelled against the applicant on account of some property dispute between his father and husband of the prosecutrix, who are brothers . She has also submitted that the medical examination of the prosecutrix does not corroborate the allegation. She has further submitted that a single male person may not commit the offence of rape with a single lady without using any force or giving threatening to the life, inasmuch, as in this case, there is no allegation that the present applicant committed rape with her threatening her for life. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. 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. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that the allegation against the present applicant is serious. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the prosecutrix is a married lady of 35 years and is aunty of the applicant; the aforesaid false allegation has been levelled against the applicant on account of some property dispute between his father and husband of the prosecutrix, who are brothers; the medical examination of the prosecutrix does not corroborate the allegation; the present applicant is having no prior criminal history of any kind whatsoever; 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 he 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. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Amit Kumar), 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 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 of the Indian Penal Code. (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.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, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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 the country without permission of the Court concerned. Order Date :- 6.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench