Neutral Citation No. - 2025:AHC-LKO:15251 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2219 of 2025 Applicant :- Mayank @ Sukhveer Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Gupta,Ashish Chaurasia,Shubham Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Gupta, learned counsel for the applicant and Sri Shani Pratap 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 26.12.2024 in Case Crime No. 0427 of 2024 u/s 64(1) and 140(4) BNS, P.S. Banthra, District Lucknow. 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 F.I.R. which was lodged on 18.12.2024 for the incident which took place on 15.12.2024 wherein no allegation of rape has been levelled against the present applicant, however, the F.I.R. has been lodged against seven named persons and two unnamed accused persons including the present applicant. While recording the statement u/s 180 BNSS the prosecutrix did not level any allegation against the present applicant of any kind whatsoever. Though while recording her statement u/s 183 BNSS the allegation of rape has been levelled first time. As per medical examination report nothing has happened with the victim and she is perfectly fit and fine. Vide column no. 15F of the medical examination report which explains the details regarding sexual violence it has been indicated that there is no penetration into vagina of the victim. The applicant has no prior criminal history. In this case 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. Learned A.G.A. opposed the prayer for bail but 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. was lodged on 18.12.2024 for the incident which took place on 15.12.2024 wherein no allegation of rape has been levelled against the present applicant, while recording the statement u/s 180 BNSS the prosecutrix did not level any allegation against the present applicant of any kind whatsoever, as per medical examination report nothing has happened to the victim and she is perfectly fit and fine, column no. 15F of the medical examination report indicates that there is no penetration into vagina of the victim, applicant has no prior criminal history, 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 Mayank @ Sukhveer Rawat, 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 :- 12.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench