Neutral Citation No. - 2025:AHC-LKO:36618 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5671 of 2025 Applicant :- Gautam Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Seema Kashyap Counsel for Opposite Party :- G.A.,Ambrish Kumar Dubey Hon'ble Shree Prakash Singh,J Sri Ambrish Kumar Dubey, Advocate has put in appearance by filing Vakalatnama on behalf of the complainant is taken on record. Heard learned counsel for the applicant, Sri Ambrish Kumar Dubey, learned counsel appearing for the complainant and learned AGA for the State as well as perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 221 of 2024, under Sections 366, 376, 323, 504, 506 IPC, Police Station Kotwali Nagar, District Pratapgarh. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter due to ulterior motive. She further submits that the prosecution has, prima facie, failed to substantiate that the applicant has committed offence by making false promise of marriage. She next added that there are material discrepancies in the prosecution story and the victim on her own freewill was in physical relation with the applicant. Further submission is that the ingredients of Section 376 IPC do not attract in the present matter. She further added that the applicant has no previous criminal history and he is languishing in jail since 23.04.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Sri Ambrish Kumar Dubey, learned counsel appearing for the complainant has supported the version of the applicant and has submitted that the complainant has lodged the First Information Report on the instance of the village persons and subsequently she came to know that there is no truthfulness on the allegation made in the FIR. Learned AGA for the State, though, has opposed the contentions aforesaid but he has no objection if the complainant came to know that the whole prosecution story is false and she has lodged the FIR on the instance of the village persons. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the prosecution has failed to substantiate that the applicant has committed offence; there are material discrepancies in the prosecution story as the victim on her own freewill was in physical relation with the applicant; the ingredients of Section 376 IPC do not attract in the present matter; the applicant has no previous criminal history and he is languishing in jail since 23.04.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. 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. Let the applicant-Gautam Saroj 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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 of the Indian Penal Code; (3) 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.; and (4) 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. 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 of the Indian Penal Code. 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. 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 :- 26.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench