Neutral Citation No. - 2025:AHC-LKO:39217 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5944 of 2025 Applicant :- Rahul Agrawal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Amit Kumar Awasthi, learned counsel for the applicant and Sri Surendra Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Rahul Agrawal) is languishing in jail since 05.03.2025 in Case Crime No.0125 of 2025, under Section 69 B.N.S., 2023, Police Station-Goal, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Learned counsel for the applicant has stated that the relation of the present applicant with prosecutrix was cordial and he never exploited her even as per the whats-app chat the relation of the present applicant and prosecutrix are consensual in nature. Both are major person. The applicant is a married person, therefore he has not made any promise to get married with the prosecutrix. The prosecutrix has filed short counter affidavit wherein she has accepted the aforesaid fact and has not levelled any allegation against the present applicant rather she has stated that she does not want to prosecute the applicant. 4. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 5. Learned Additional Government Advocate has opposed the aforesaid bail prayer but could not dispute the aforesaid fact however, learned counsel for the prosecutrix has not opposed the aforesaid bail application. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the relation of the present applicant with prosecutrix was cordial and he never exploited her even as per the whats-app chat, the relation of the present applicant and prosecutrix are consensual in nature, the prosecutrix in her short counter affidavit, has accepted the aforesaid fact and has not levelled any allegation against the present applicant rather she has stated that she does not want to prosecute the applicant, 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 (Rahul Agrawal) be released on bail in the aforesaid case crime number 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:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 IPC/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 82 Cr.P.C./84 of B.N.S.S., 2023 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 IPC/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 313 Cr.P.C./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 in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 10.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench