Neutral Citation No. - 2025:AHC-LKO:40603 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6276 of 2025 Applicant :- Vineet Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Adarsh Kumar Maurya,Alka Rani Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Adarsh Kumar Maurya, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 01.06.2025 in FIR/Case Crime No.115 of 2025, under Sections 64 (2)M & 87 B.N.S., Police Station – Singahi, District – Kheri. 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 FIR wherein exact date of incident has not been indicated, however, the FIR has been lodged on 26.05.2025. As per FIR, the applicant enticed away the complainant's wife, who was having one daughter aged about one and half years. The complainant tried to trace out location of his wife but she could not be traced out, therefore, the FIR has been lodged. In her statement recorded under Section 180 BNSS, the prosecutrix has stated that the present applicant took her to Delhi where he compelled for court marriage. He established physical relation with her. Since she is a married lady, therefore, the allegation of her statement recorded under Section 180 BNSS could not be substantiated. In her statement recorded under Section 183 BNSS, the prosecutrix improved the story but such improvement creates doubt on the prosecution story. Further submission is that the applicant is having criminal history of one case, which has been explained in para-14 of the bail application. Further, the investigation is pending. 4. Learned counsel for the applicant has further submitted that 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 investigation and if charge sheet is filed against him, he shall cooperate in the trial proceedings. 5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that exact date of incident has not been indicated in the FIR; in her statement recorded under Section 183 BNSS, the prosecutrix improved the story recorded under Section 180 BNSS but such improvement creates doubt on the prosecution story and undertaking of the applicant that he shall cooperate in the investigation and if charge sheet is filed against him, 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Vineet Kumar 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. (vi) Immediately after release from jail, the present applicant shall appear before the Investigating Officer concerned within 48 hours for the purpose to cooperate in the investigation and he shall also cooperate in the investigation till completion of investigation and filing of police report. Thereafter, he shall cooperate in the trial proceedings, if charge sheet is filed against him. [Rajesh Singh Chauhan,J.] Order Date :- 16.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench