Neutral Citation No. - 2025:AHC-LKO:36969 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5713 of 2025 Applicant :- Abdul Shami Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Vaibhav Srivastava Counsel for Opposite Party :- G.A.,Santosh Kumar Yadav Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vaibhav Srivastava, learned counsel for the applicant, Sri Ran Vijay Singh, learned Additional Government Advocate for the State and Sri Santosh Kumar Yadav, learned counsel for the informant. 2. Learned counsel for the applicant has filed second supplementary affidavit, today in the Court, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant (Abdul Shami) is languishing in jail since 05.05.2025 in F.I.R./Case Crime No.0085 of 2025, under Sections 333, 64 (1), 351 (3) & 318 (4) of Bharatiya Nyaya Sanhita, 2023, Police Station-Rajeshultanpur, District-Ambedkar Nagar. 4. 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. 5. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 24.04.2025 whereas the impugned F.I.R. has been lodged on 03.05.2025 without explaining the reasons of delay about eight days. 6. Learned counsel for the applicant has further submitted that the present applicant has explained the criminal history of two cases in his second supplementary affidavit. In one case, the final report has been filed and in another case, which has been lodged by the victim, no notice has been given to the applicant. 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 in the trial proceedings properly. 7. Learned Additional Government Advocate has also informed the Court on the basis of the records that the age of the applicant is about 38 years, however, in her statement recorded under Section 183 B.N.S.S. she has deposed that the age of the applicant is about 50 years. 8. Learned counsel for the informant has submitted that the present applicant has prepared three false Nikah Nama since 2019 and he has defamed the prosecutrix. Even the forged and fictitious notarized affidavit has been prepared by the present applicant, therefore, he is not entitled for grant of bail. 9. Learned counsel for the applicant has further submitted that before lodging the impugned F.I.R. the present applicant and the prosecutrix have entered into compromise at the police station concerned to the effect that she shall not lodge any F.I.R., but having ulterior motive and extraneous design in her mind the impugned F.I.R. has been lodged. 10. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that before lodging the impugned F.I.R. the present applicant and the prosecutrix have entered into compromise at the police station concerned to the effect that she shall not lodge any F.I.R. 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 in 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. 11. Accordingly, the instant bail application is allowed. 12. Let the applicant (Abdul Shami) 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 :- 1.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench