Neutral Citation No. - 2025:AHC-LKO:38742 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5906 of 2025 Applicant :- Shariq Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Dinesh Kumar, learned counsel for the applicant and Shri Hari Shankar Maurya, learned AGA for the State. 2. Shri Dinesh Kumar, learned cousnel for the applicant has filed supplementary affidavit explaining criminal history of the present applicant, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant (Shariq) is languishing in jail since 06.05.2025 in F.I.R./Case Crime No. 0112/2025, under Sections 64(1), 78, 127(2), 309(4), 351(3), 324(2) BNS, Police Station Wazirganj, District Lucknow. 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. The attention of this Court has been drawn towards the FIR wherein the explanation regarding the physical exploitation are three years old and as per the prosecutrix the present applicant has committed rape with the prosecutrix three years ago, however, no prompt FIR has been lodged. The prosecutrix is aged about 28 years whereas the present applicant is a married person of 30 years. 5. The present applicant and the prosecutrix were working together at one place three years ago and he was having cordial relation with the prosecutrix but has not committed offence as alleged. 6. It has been further submitted by learned cousnel for the applicant that the charge sheet in this case has been filed, therefore there is no possibility of tampering the evidence or influencing the witnesses. Criminal history of one case against the present applicant has been explained in the supplementary affidavit filed today. The applicant undertakes that he shall abide by all the terms and conditions of the bail order and shall not misuse the liberty of bail. 7. Learned Additional Government Advocate has vehemently opposed the prayer for bail of the present applicant but he could not dispute the aforesaid contentions of learned counsel for the applicant. 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that criminal history of one case against the present applicant has been explained in the supplementary affidavit filed today; the charge-sheet in this case has been filed; 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 trial proceedings properly and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Shariq) 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. 11. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 309 Cr.P.C./346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. . (Rajesh Singh Chauhan, J.) Order Date :- 8.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench