Neutral Citation No. - 2025:AHC-LKO:35444 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5164 of 2025 Applicant :- Arvind Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Karunesh Singh,Avnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.40 of 2025, under Section 70(1), 74, 115(2), 352, 351(3), 127(2) BNS, Police Station Aashiyana, District Lucknow. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case as during course of the investigation the statement of the victim was recorded under Section 180 and 183 BNS and in the aforesaid statements the victim has not made any allegation of sexual offence. He further submitted that the applicant is in jail since 18.04.2025. He further submits that co-accused, Sachin having identical role, has already been granted bail by this Court, vide order dated 29.05.2025 passed in Criminal Misc. Bail Application No.4653 of 2025 (photo copy of the bail order provided by learned counsel for the applicant is taken on record). In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned counsel for the applicant also submitted that the applicant has a criminal history of one case and the same is explained in paragraph 29 to the bail application. 4. Learned A.G.A. opposed the prayer of the applicant for bail but did not dispute the fact that in the statement recorded under Section 180, 183 BNS by the Investigating Officer as well as before the learned Magistrate, no allegation of sexual offence is alleged by the victim. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, and the fact that no allegation of sexual offence has been made by the victim in her statement and that co-accused Sachin having similar role has already been released on bail in identical case, I find it as a fit case for bail of the applicant and I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Arvind 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Rajeev Singh, J.) Order Date :- 11.6.2025/Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench