Neutral Citation No. - 2025:AHC-LKO:42242 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6572 of 2025 Applicant :- Dilraj Verma Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Mansi Gupta, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State. 2. Learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of the present applicant of one case, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 02.06.2025 in FIR/Case Crime No.428 of 2025, under Sections 3(5), 318(4), 316(2), 69, 352, 351(3) & 131 of B.N.S., Police Station – Kotwali Nagar, District – Barabanki. 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 allegation has been levelled against the present applicant, one Aman Verma and 4-5 unknown persons. Learned counsel has stated that the aforesaid FIR has been lodged pursuant to the application being filed under Section 173(4) of BNSS inasmuch as exact date of incident has not been indicated. The prosecutrix is a widow lady aged about 35 years and the present applicant is a married person of 46 years having children. The prosecutrix was known to the applicant when her husband was alive and their relations were cordial but after death of husband of the prosecutrix, the prosecutrix having ulterior motive lodged the FIR against the present applicant. Remaining prosecution story narrated in the FIR is not being corroborated with the statements of other persons. Charge sheet has been filed against the present applicant. Further, 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 trial proceedings. 5. Learned A.G.A. has, however, opposed the prayer for bail 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 in the impugned FIR, the allegation has been levelled against the present applicant, one Aman Verma and 4-5 unknown persons taking recourse of Section 173(4) of BNSS inasmuch as exact date of incident has not been indicated; the prosecutrix is a widow lady aged about 35 years and the present applicant is a married person of 46 years having children; the prosecutrix was known to the applicant when her husband was alive and their relations were cordial but after death of husband of the prosecutrix, the prosecutrix having ulterior motive lodged the FIR against the present applicant; charge sheet has been filed 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- Dilraj Verma 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. [Rajesh Singh Chauhan,J.] Order Date :- 23.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench