Neutral Citation No. - 2025:AHC-LKO:37274 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5794 of 2025 Applicant :- Nizam Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Rajiv Raman Srivastava, learned counsel for the applicant and Sri Anant Pratap Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Nizam Khan) is languishing in jail since 04.05.2025 in F.I.R./Case Crime No.106 of 2025, under Section 69 of Bharatiya Nyaya Sanhita, 2023 and Section 67 of Information & Technology Act, Police Station-Talgaon, District-Sitapur. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has stated that even as per the statement of the prosecutrix recorded under Sections 180 & 183 B.N.S.S. (Annexure Nos.2 & 3) she has stated that she was in relation with the present applicant in the last five years and had established consensual physical relations. Thereafter, she got married with another person. As per allegation, the present applicant had clipped some photographs and video of the prosecutrix and sent those photographs to her husband, resultant thereof, her husband divorced her. Thereafter, the present applicant assured that he shall marry with her, but he is refusing to get married with her. 5.Learned counsel for the applicant has stated that the present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed in this case. 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, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the prosecutrix was in relation with the present applicant in the last five years and had established consensual physical relations; the charge-sheet has been filed; there is no prior criminal history against the present applicant 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 shall cooperate with the investigation/ trial proceedings and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Nizam Khan) 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 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 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 applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 2.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench