Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6185 of 2025 Applicant :- Aman Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Ms. Priyanka Yadav, Advocate holding brief of Sri Rizwanul Haque Ansari, learned counsel for the applicant and Sri Rajnish Kumar Singh, learned AGA for the State. The present applicant is in jail since 08.04.2025, in case crime no. 295 of 2025, under Section 69, 352, 351(3), 61(Ka) of BNS at Police Station Kotwali Sadar District Kheri. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the exact date of incident has not been indicated, but this much has been indicated that the prosecutrix was having cordial relation with the applicant for the last two years. The applicant has established physical relation with her on the pretext of false promise of marriage. Ms Yadav has drawn attention of this court towards Annexure No. 5, which is an information being provided under the Right to Information Act by the Superintendent of Jail, Kheri showing that the prosecutrix is a regular visitor at the jail to meet the present applicant. In the light of the aforesaid development, Ms Yadav has stated that the present applicant and the prosecutrix are still having cordial relation, and the present applicant is willing to get married with the prosecutirx as soon as he comes out from jail. Learned counsel has also stated that the present applicant is having no prior criminal history of any kind whatsoever and the charge-sheet has been filed, therefore, there is no apprehension of tampering evidence or influencing any witness. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learnd AGA has opposed the prayer for bail but could not dispute the contention of the learned counsel for the applicant. Having considered the aforesaid submissions of the learned counsel for the parties and also considering the relevant aspect that after lodging the First Information Report against the present applicant, the prosecutrix is visiting him in jail regularly and the present applicant has given undertaking that as soon as he comes out from jail, he shall marry with the prosecutrix, I find it appropriate that the present applicant may be enlarged on bail. However, if the present applicant does not marry with the prosecutrix, subject to free consent of the prosecutrix herself for that marriage, the application for cancellation of bail maybe filed. The bail application is allowed. Let the applicant- Aman, 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 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. is issued and the applicants fail 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) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. 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 properly. Order Date :- 3.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench