Neutral Citation No. - 2025:AHC-LKO:35141 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5223 of 2025 Applicant :- Jagendra Rathaur Alias Sachin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satish Kumar,Amit Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned counsel for the complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., learned counsel for the complainant and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No.227 of 2025, under Sections 69, 115(2) of B.N.S., Police Station - Madiyaon, District - Lucknow, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 23.4.2025. He further submits that applicant as well as complainant are adult and they were in friendship and victim of the present case joined the company of the applicant on her own, thereafter, she started insisting for marriage and when the applicant denied for marriage, F.I.R. was lodged. He also submits that victim has not supported the prosecution version in the statement recorded under Section 183 of B.N.S. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned counsel for the complainant also supported the submissions of the counsel for the applicant and stated that victim joined the association of applicant on her own and she has no objection, in case, applicant is released on bail. 6. Learned A.G.A. has opposes the prayer for grant of bail and submits that sufficient evidences were found against the applicant, but he does not dispute this fact that victim has not supported the prosecution version under Section 183 of B.N.S. 7. Considering the rival submissions of learned counsel for applicant, learned A.G.A., learned counsel for the complainant, material available on record, contents of F.I.R., other relevant documents, statement of the victim recorded under Section 183 of B.N.S., nature of offence as well as facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 8. Let applicant - Jagendra Rathaur Alias Sachin - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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. (v) 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 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench