Neutral Citation No. - 2025:AHC-LKO:13757 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2015 of 2025 Applicant :- Saleem Javed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant and Sri Nikhil Singh, learned Additional Government Advocate-I for the State. 2. Sri Srivastava, learned counsel for the applicant has filed supplementary affidavit, today in the Court, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant (Saleem Javed) is languishing in jail since 14.01.2025 in Case Crime No.13 of 2025, under Sections 69 & 352 of Bharatiya Nyaya Sanhita, 2023, Police Station-Kotwali Tanda, District- Ambedkar Nagar. 4. 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. 5. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which was lodged on 12.01.2025 without indicating the actual date of incident. However, in the F.I.R. the prosecutrix has stated that the applicant has established physical relations with her in the month of January, 2023. The prosecutrix is a married lady of 45 years and presently she is living separately from her husband and her relations with her husband are not cordial. 6. Sri Srivastava has stated that as to how any person aged about 32 years can make promise of marriage with a married lady of 45 years. The aforesaid allegation is patently false and misconceived. 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. 7. 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 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the impugned F.I.R. has been lodged on 12.01.2025 without indicating the actual date of incident, however, in the F.I.R. the prosecutrix has stated that the applicant has established physical relations with her in the month of January, 2023; 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. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Saleem Javed) 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