Neutral Citation No. - 2025:AHC-LKO:39358 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5985 of 2025 Applicant :- Taufeeq Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Atiya Abid Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Atiya Abid, learned counsel for the applicant and learned A.G.A. for the State. 2. It has been contended by learned counsel for the applicant that the present applicant is languishing in jail since 17.05.2025 in Case Crime No. 91 of 2025 under Sections 64(1) and 351(3) of BNS, 2023, Police Station Talgaon, District Sitapur. 3. 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 F.I.R., wherein the date of incident has been indicated as 11.02.2025 but the FIR has been lodged on 18.04.2025 without explaining the inordinate delay of two months and seven days. The present applicant is brother- in-law (Devar) of the prosecutrix and sole allegation has been levelled against him. 4. Learned counsel for the applicant has stated that the prosecutrix is presently living with her parents and despite all possible efforts by the husband of the prosecutrix, she is not coming back to the home, therefore, the elder brother of the applicant filed an application on 05.07.2024 for restitution of conjugal rights (Dava Rukhsati). Learned counsel has further stated that the medical examination report does not corroborate the allegation of rape. So as to harass the family of her husband, the prosecutrix implicated the real younger brother of her husband having ulterior motive in her mind. The present applicant is having no prior criminal history of any kind whatsoever. Learned counsel undertakes on behalf of the present applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if so granted. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of 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 there is delay of about two months and seven days in lodging the FIR and the delay has not been explained; to harass the family of her husband, the prosecutrix implicated the real younger brother of her husband having ulterior motive in her mind; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the applicant may be released on bail in this case. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant- Taufeeq, 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 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. Order Date :- 10.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench