Neutral Citation No. - 2025:AHC-LKO:36357 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5614 of 2025 Applicant :- Sunil Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Prabhu Ranjan Tripathi,Aparna Tripathis Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR No.170 of 2025, under Sections 64(1), 351(2) of B.N.S., Police Station- Jalalpur, District- Ambedkar Nagar. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He next submits that as soon as an application was moved by the husband of alleged victim on 24.04.2024 before the S.H.O., P.S.- Jalalpur, District- Ambedkar Nagar, the prosecutrix lodged an FIR on the next day. He has also drawn attention of the Court towards the statements of the victim recorded under Section 180 and 183 of B.N.S.S. that on call of the present applicant she visited the house of the applicant where she was raped. He next submits that the content of the FIR itself enough to show that the nature of threat is not such where this could be presumed that under the aforesaid threat the applicant has committed rape with the prosecutrix. He also added that the medical report also does not support the version of the prosecution and there is no other cogent evidence in support of the prosecution story. He further added that the chargesheet has been filed thus, there is no possibility that he would tamper the evidences or would threaten the witnesses. He next submits that the applicant has criminal history of one case which has been explained in para 4 of the supplementary affidavit filed today and the applicant is languishing in jail since 27.04.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings, thus submission is that he may be enlarged on bail. 5. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submitted that the applicant is involved in committing the offence and he is named in the FIR, as such, he is not entitled for bail. 6. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 27.04.2025; criminal history of one case has been explained in para 4 of the supplementary affidavit filed today and prima facie there is no truthfulness in the allegation made in the FIR; there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 7. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 8. Let the applicant- Sunil involved in the aforementioned crime be released on bail, 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 not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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. He 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 (Now Section 269 BNS); (iii) 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. (Now Section 351 BNSS); and (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. (Now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (Now Section 209 BNS). 9. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 10. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench