Neutral Citation No. - 2025:AHC-LKO:42752 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6022 of 2025 Applicant :- Riyazuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant and Sri Rishikesh Verma, learned AGA for the State. 2. Sri Rishikesh Verma, learned AGA, has filed counter affidavit, the same is taken on record. Learned counsel for the applicant has filed supplementary affidavit enclosing therewith statement of the prosecutrix and medical examination report, the same is also taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 10.06.2025 in FIR/Case Crime No.180 of 2025, under Sections 64(1) & 69 of B.N.S., Police Station – Majhila, District – Hardoi. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated as 25.04.2025 but the FIR has been lodged on 29.05.2025 without explaining the delay of more than one month, to be more precise, delay of 34 days. In the FIR, the present applicant is the sole accused as allegation has been levelled against him only to the effect that on the pretext of false promise of marriage, he established physical relation with the prosecutrix, thereafter, he got married denying his marriage with the prosecutrix. Learned counsel has stated that while recording her statement under Section 180 BNSS, the prosecutrix has stated that the present applicant came on the roof of her house in the mid night of 10.05.2025 at about 12:00AM and established physical relation with her making promise that he will marry with her. The applicant again came to the house of the prosecutrix on 25.05.2025 and established physical relation with her. However, in the meantime, her mother came there and the applicant ran away. Thereafter, her mother came to the house of the applicant and told that she will arrange the marriage of her daughter with him within six months. She narrated the same story in the statement recorded under Section 183 BNSS. 5. Sri Singh has further stated that marriage of the present applicant has been solemnized on 26.05.2025, so he cannot marry with the prosecutrix. Learned counsel has further submitted that even if the prosecution story is considered on its face value, relations of the applicant with the prosecutrix are consensual in nature. However, he has not committed the offence in question. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed against the applicant. Further, the applicant undertakes that if he is released on bail, he 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. 6. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; perusing the material available on record; the fact that there is inordinate delay of 34 days in lodging the FIR; this is a case of false promise of marriage and relations of the applicant with the prosecutrix are consensual in nature; the applicant is having no prior criminal history of any kind whatsoever 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. 8. Accordingly, the bail application is allowed. 9. Let applicant- Riyazuddin 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 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 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 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 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. [Rajesh Singh Chauhan,J.] Order Date :- 24.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench