Neutral Citation No. - 2025:AHC-LKO:40276 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6348 of 2025 Applicant :- Prem Sagar @ Nanhu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Supplementary affidavit is taken on record. 2. Heard Shri Bharat Kumar Dixit, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned AGA for the State-respondent. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated and is in jail since 26.05.2025 in Case Crime No.169 of 2025, under Sections 64(1), 316(2), 351(3) BNS, police station Lalganj, District Raebareli. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 4. Learned counsel for the applicant has drawn attention of this Court to impugned FIR, wherein the exact date of incident has not been indicated but this much has been indicated that the present applicant has been establishing physical relationship by blackmailing the prosecutrix for last couple of months, though no specific allegation of rape has been levelled in the FIR nor in her statement which recorded immediately after lodging of FIR. The prosecutrix denied medical examination which is necessary in a case where the allegation of rape has been levelled, therefore, this very fact makes the prosecution story weaker. However, while recording her statement under Section 180, 183 BNS she improved the story levelling allegation of rape against the present applicant. The prosecutrix is a married lady and she is known to the present applicant but he has neither teased her nor established physical relationship by blackmailing her. 5. Learned counsel for the applicant has further drawn attention of this Court towards paragraph 3 to the supplementary affidavit explaining one criminal history under the Gambling Act wherein he is on bail. Therefore, if the present applicant is enlarged on bail, he undertakes that he 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. 6. Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant. 7. 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 applicant has explained his criminal history in supplementary affidavit and the applicant has given the undertaking that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, thus, the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. 9. Let applicant- Prem Sagar alias Nanhu 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 / she 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 / her 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 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 / her, 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 15.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench