Neutral Citation No. - 2025:AHC-LKO:39196 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5936 of 2025 Applicant :- Shoaib Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Narendra Gupta, learned counsel for the applicant and Sri Ashok Kumar Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Shoaib) is languishing in jail since 03.06.2025 in Case Crime No.0129 of 2025, under Sections 64, 115(2), 351(3) of B.N.S., 2023, Police Station- Thangaon, District- Sitapur. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3.Attention has been drawn towards the impugned FIR wherein the allegation has been levelled only against the present applicant as he is the sole accused. In the aforesaid FIR no allegation of rape has been levelled rather she has stated that she escaped herself though attempt of rape was committed by the present applicant. Further attention has been drawn towards the statement of the prosecutrix recorded under Section 180 B.N.S.S. wherein she has levelled similar allegation. On being asked by the Investigating Officer as to whether the present applicant has committed any misdeeds with her, she denied. On further question as to whether she has recorded her statement under pressure she again denied. During course of medical examination no finding of sexual assault has been given. Though while recording the statement under Section 183 B.N.S.S. before the Magistrate, the allegation of rape has been levelled against the present applicant. 4. Learned counsel for the applicant has further stated that the family of the prosecutrix is having malice and ill intention against the family members of the present applicant for long time. In the year 2012, similar allegation was levelled against the real brother of the present applicant by aunt (Bua) of the prosecutrix and one criminal case bearing No.92/12 under Section 376(2)(g) I.P.C. was registered at Police Station Thangaon, District Sitapur and the aforesaid case was tried bearing S.T.No. 950/12. The trial court acquitted the accused Iliyas in aforesaid trial court. The prosecutrix is a married lady and at the time of alleged incident she was alone. The prosecution story has been improved by recording statement under Section 183 B.N.S.S. inasmuch as a single person may not commit rape with a sole lady unless threatening of life is given by showing any weapon or providing any intoxicated contents to the prosecutrix. 5. 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. 6. Per contra, Sri Ashok Kumar Singh, learned Additional Government Advocate has vehemently opposed the aforesaid bail prayer by submitting that the allegation against the present applicant is very serious as he is named in the FIR, however, he has conceded this fact that the prosecutrix is a married lady and the family of the prosecutrix is having malice intention against the family members of the present applicant for long time. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that on being asked by the Investigating Officer as to whether the present applicant has committed any misdeeds with her, she denied, on further question as to whether she has recorded her statement under pressure she again denied, during course of medical examination no finding of sexual assault has been given, 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. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Shoaib) 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