Neutral Citation No. - 2025:AHC-LKO:39411 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6025 of 2025 Applicant :- Anjani Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Amit Kumar Awasthi, learned Advocate assisted by Ms. Ankita Gupta, learned counsel for applicant, Sri Ran Vijay Singh, learned Additional Government Advocate for the State and Sri Anand Kumar Shukla, learned counsel, who has filed short counter affidavit along with Vakalatnama on behalf of the informant. The same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Anjani Kumar Gupta) is languishing in jail since 28.05.2025 in Case Crime No.156 of 2025, under Sections 65 (1) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station-Tanda, District-Ambedkar Nagar. 3. Learned counsel for 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 so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled only against the present applicant for committing rape with her. However, while recording her statement under Section 183 B.N.S.S., she denied the prosecution story before the Magistrate and has stated that no offence of any kind whatsoever has been committed with her and her father has lodged a false and misconceived F.I.R. against the present applicant. In the short counter affidavit filed by the father of the prosecutirx, he has stated that his daughter and he himself are not willing to prosecute the applicant. He has also stated in the aforesaid short counter affidavit that the present applicant has not committed any office against his daughter. 5. Learned counsel for the applicant has stated that on account of ill advice the impugned F.I.R. has been lodged. The charge- sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever. He undertakes on behalf of the present applicant that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. 6. Learned Additional Government Advocate has opposed the prayer for bail of the present applicant, but he could not dispute the aforesaid contention of learned counsel for the applicant. However, learned counsel for the complainant has not opposed the prayer for bail of the present applicant. 7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that while recording her statement under Section 183 B.N.S.S., the prosecutrix denied the prosecution story before the Magistrate and has stated that no offence of any kind whatsoever has been committed with her and her father has lodged a false and misconceived F.I.R. against the present applicant; in the short counter affidavit filed by the father of the prosecutirx, he has stated that his daughter and he himself are not willing to prosecute the applicant as the present applicant has not committed any office against his daughter; the charge- sheet has been filed in this case; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted by this Court, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Anjani Kumar Gupta) 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 :- 10.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench