Neutral Citation No. - 2025:AHC-LKO:40784 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6480 of 2025 Applicant :- Suraj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Neeraj Singh, learned counsel for the applicant and Dr. Surendra Singh, learned A.G.A. for the State and Shri Virendra Singh, learned counsel has filed his Vakalatnama on behalf of the complainant/ informant. 2. Supplementary affidavit filed today on behalf of the applicant is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 21.05.2025 in Case Crime No. 30 of 2025, under Sections 69, 351(2) of BNS, 2023, Police Station Krishna Nagar, District Lucknow. 4. 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 the date of incident has been indicated as 01.05.2024 but the impugned FIR has been lodged on 14.01.2025 without explaining the aforesaid inordinate delay. 5. Learned counsel for the applicant has submitted that the prosecutrix is a married lady having two children and she has not divorced her husband, therefore, the allegation that the present applicant has established physical relation with her on the pretext of false promise of marriage is misconceived. The prosecutrix is harassing the applicant for reasons best known to her inasmuch as she has lodged one more FIR bearing Case Crime No. 49 of 2023, under Sections 376, 328, 406, 386, 506 of IPC, Police Station Basai Jagner, District Agra, wherein the present applicant has been enlarged on bail on 17.01.2024 in Criminal Misc. Bail Application No. 53226 of 2023. There is no other criminal history of the applicant except the aforesaid case. Chargesheet has been filed in this case and he 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. 6. Per contra, Shri Virendra Singh, learned counsel for the prosecutrix has stated that earlier the present applicant committed rape with her since there was no one to look after her as her husband has deserted her and she is trying to get divorce from her husband. After obtaining the bail in earlier case, the present applicant promised her that he will marry with her and on such false promise of marriage, he established physical relation with her. 7. Learned counsel has stated that he is not aware about the fact that as to whether the prosecutrix has filed any divorce application before the appropriate court of law and if so, she has been granted divorce or not. 8. On the other hand, Learned A.G.A. has opposed the prayer for bail of the present applicant and submits that he is not entitled for grant of bail but could not dispute the aforesaid submissions of learned counsel for the applicant. 9. 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 the date of incident has been indicated as 01.05.2024 but the impugned FIR has been lodged on 14.01.2025 without explaining the aforesaid inordinate delay.; the prosecutrix is a married lady having two children and she has not divorced her husband; the present applicant is having no prior criminal history of any kind whatsoever; chargesheet has been filed 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. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant- Suraj Singh, 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 :- 17.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench