Neutral Citation No. - 2025:AHC-LKO:37329 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5856 of 2025 Applicant :- Dileep Pandey Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shivam Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shivam Tiwari, learned counsel for the applicant and Ms. Rafiya Farooqui, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 3.4.2025 in Case Crime No. 55 of 2025 u/s 376, 452, 506 IPC, P.S. Gosainganj, District Ayodhya. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. As per the prosecution story the applicant is the sole accused. The prosecutrix is a married lady of 30 years. Learned counsel has submitted that the impugned F.I.R. has been lodged after a delay of four months and the prosecutrix refused to get her medically examined whereas in allegations of rape the medical examination is necessary. The applicant has no prior criminal history. Investigation is going on and the applicant is ready to cooperate. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the applicant is the sole accused, the prosecutrix is a married lady of 30 years, the impugned F.I.R. has been lodged after a delay of four months and the prosecutrix has refused to get her medically examined whereas in allegations of rape the medical examination is necessary. The applicant has no prior criminal history. Investigation is going on and the applicant is ready to cooperate and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Dileep Pandey, involved in aforesaid case 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 which are being imposed in the interest of justice:- (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. (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.may be issued and if 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. (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. 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 the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 2.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench