Neutral Citation No. - 2025:AHC-LKO:40437 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6403 of 2025 Applicant :- Santosh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Ashok Kumar Singh,Abhishesh Kumar Prajapati Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ashok Kumar Singh, learned counsel for the applicant and Shri Surendra Singh, learned AGA for the State. 2. The present applicant is in jail since 26.03.2025 in Case Crime no.59 of 2025, under Sections 87, 69, 352, 351(3) of BNS at Police Station Rajesultanpur, District Ambedkar Nagar. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned First Information Report, wherein, the date of alleged incident has been indicated as 12.02.2025 but the FIR has been lodged on 20.03.2025 without explaining the aforesaid inordinate delay. The complainant/ prosecutrix is a married lady, mother of three children, but has levelled allegations against the present applicant that on the pretext of false promise of marriage he established physical relationship with her. Now the applicant is denying for such marriage and has threatened the prosecutrix/ complainant of dire consequences. The medical examination report could corroborate the allegation in the FIR inasmuch as the prosecutrix/ complainant is a married lady. The present applicant has no prior criminal history. He also submits that charge sheet has also been filed against the applicant. 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. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Having heard learned counsel for the parties and having perused the material on record, it transpires that the impugned FIR has been filed after an inordinate delay without any explanation, the applicant has no criminal history and charge sheet has also been filed against the applicant, therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR and undertaking of the applicant that 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- Santosh 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. (v) The applicant shall not leave the country without previous permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 15.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench