Neutral Citation No. - 2025:AHC-LKO:41092 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6565 of 2025 Applicant :- Anand Kushwaha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shobhit Singh,Ajai Kumar Singh,Piyush Gupta,Prabhat Rathore Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajai Singh, learned counsel for the applicant and Sri Mukesh Kuamr Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 19.6.2025 in FIR No. 156 of 2025 u/s 69 BNS, P.S. Vibhuti Khand, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. In the impugned F.I.R. the present applicant is sole accused person. The impugned F.I.R. is based on false and misconceived allegations inasmuch as the present applicant is not a married person but in the F.I.R. the allegation has been levelled that he is a married person. As a matter of fact the prosecutrix has concealed so many important and relevant information from the present applicant inasmuch as both met on social media account i.e. 'Shadi.com.' and the present applicant was interested to get married with her. When the applicant came to know about some informations fo the prosecutrix which were concealed he asked about those information, the prosecutrix got annoyed and threatened him for dire consequences. As a result thereof she lodged false and misconceived F.I.R. The present applicant is known to the prosecutrix only on the basis of aforesaid social media account but he has never established any physical relation with her on the pretext of false promise of marriage. The present applicant is an army person serving as 'Sepoy' in the Indian Army at Jalandhar. The applicant has no criminal history of any kind whatsoever. Charge-sheet has been filed in this case. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. 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 F.I.R. is based on false and misconceived allegations inasmuch as the present applicant is not a married person but in the F.I.R. the allegation has been levelled that he is a married person, the prosecutrix has concealed so many important and relevant information from the present applicant, present applicant was interested to get married with the prosecutrix but when the applicant came to know about some informations of the prosecutrix the prosecutrix got annoyed and threatened him for dire consequences, present applicant has never established any physical relation with the prosecutrix on the pretext of false promise of marriage, applicant is an army person serving as 'Sepoy' in the Indian Army at Jalandhar, applicant has no criminal history of any kind whatsoever, charge-sheet has been filed in this case 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, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Anand Kushwaha, 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 / 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 may be issued and if 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 (India) without prior permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 17.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench