Neutral Citation No. - 2025:AHC-LKO:34281 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5065 of 2025 Applicant :- Rizwan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Surendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant and learned AGA for the State-respondent. Sri Divya Prakash learned counsel has filed vakalatnama on behalf of the complainant which is taken on record. The instant application has been moved seeking bail in respect of Case Crime No.100 of 2025, under Sections 69, 352, 351(3) B.N.S Police Station-Uchauliya, District-Kheri during trial. The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case. Submission of learned counsel for the applicant is that both the applicant and the prosecutrix are in relationship. They have married however on account of certain animosity expressed by the parents that under pressure the said FIR has been lodged. It is urged that the applicant does not have any criminal history nor from the perusal of the averments made in the FIR any offence is made out in as much as the prosecutrix herself is 25 years of age and had been in relationship. The averments are absolutely vague and it is merely a case of romantic relationship which at particular point of time had become sour. In the aforesaid circumstances, it is urged that now the parents do not wish to escalate the matter any further. Learned counsel for the complainant also joins hand to state that both the applicant and opposite party, complainant are heading for their marriage. It is also urged that the applicant has no criminal history and has been in jail since 23.04.2025. There is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts. Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Accordingly, the instant bail application is allowed. Let the applicant-Rizwan involved in the above-mentioned case crime be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties, the following conditions shall be 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) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. 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 of the Indian Penal Code. (v) 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.6.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench