Neutral Citation No. - 2025:AHC-LKO:39367 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5959 of 2025 Applicant :- Fateh Bahadur Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. Counsel for Applicant :- Atiya Abid Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Atiya Abid, learned counsel for the applicant and Sri Anant Pratap Singh, learned AGA for the State. 2. The present applicant is in jail since 27.04.2025, in case crime no. 93 of 2025, under Sections 64. 352, 351(2), 333, 127(2) of BNS at Police Station Kotwali Dehat District Pratapgarh. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned First Information Report, wherein, the date of incident has been indicated as 17.04.2025, but the First Information Report has been lodged on 26.04.2025, without explaining the inordinate delay of nine days. As a matter of fact, the entire prosecution story is concocted, false and misconceived inasmuch as the prosecution story says that the present applicant directed his son co-accused, Umesh to enter into the premises of the prosecutrix to commit rape and he locked the premises from outside, and when the offence of rape was committed, he opened the house. If the aforesaid prosecution story was true, any prompt First Information Report would have been lodged against all accused persons. Learned counsel has further submitted that the medical examination report has not corroborated the allegations of the First Information Report, even if the allegation of the First Information Report are considered on its face value, no allegation of rape has been alleged against the present applicant and at the best, he may be held responsible for only wrongful confinement. The present present applicant has no criminal history of any kind whatsoever. The chargesheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 27.04.2025; the delay in lodging First Information Report is not explained; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. The bail application is allowed. 8. Let the applicant- Fateh Bahadur, 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 of the Indian Penal Code/ 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 the 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 of the Indian Penal Code/ 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 10.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench