Neutral Citation No. - 2025:AHC-LKO:15092 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2195 of 2025 Applicant :- Sonu @ Mohsin Husain Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. / Prin. Secy. Home Counsel for Applicant :- Snigdha Singh,Harsh Vardhan Kediya,Naumi Lal,Sheeran Mohiuddin Alavi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Harsh Vardhan Kediya, learned counsel for the applicant, Sri Nikhil Singh, learned Additional Government Advocate for the State and Sri Anand Kumar Shukla, learned counsel, who has filed Vakalatnama on behalf of the complainant/ informant, the same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Sonu @ Mohsin Husain) is languishing in jail since 14.02.2025 in Case Crime No.435 of 2024, under Sections 69, 115 (2), 333, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station- Dargahshareef District- Bahraich. 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 so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards the impugned FIR, which was lodged on 27.12.2024 for the alleged incident dated 13.12.2024 without explaining the delay. The prosecutrix is a divorcy lady having four children and the present applicant is a married person. As per allegation of FIR, the prosecutrix took divorce from her first husband to marry with the present applicant. Further, as per allegation, the present applicant has been establishing physical relation with the prosecutrix about six months, on the pretext of false promise of marriage. The medical examination report has not substantiated the allegation of the FIR. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. 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 divorcy lady having four children and the present applicant is a married person; medical examination report has not substantiated the allegation of the FIR; 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 (Sonu @ Mohsin Husain), 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 :- 12.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench