Neutral Citation No. - 2025:AHC-LKO:42685 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6606 of 2025 Applicant :- Pradeep Pal @ Sangeet Kumar Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Praveen Shukla,Vipul Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Praveen Shukla, learned counsel for the applicant and Sri Nikhil Rai, learned AGA for the State. 2. Learned AGA has informed that the notice has been given to the opposite party no. 2 on 14.07.2025, but no one has appeared nor any request for adjournment has been made. 3. The present applicant is in jail since 06.06.2025, in case crime no. 42 of 2025, under Sections 64(1), 74, 333, 352, 351(3) of BNS at Police Station Maheshganj District Pratapgarh. 4. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 5. Attention has been drawn towards the impugned FIR, wherein, the date of incident has been indicated as 23.02.2025, but the FIR has been lodged on 25.02.2025 without explaining the delay. In the First Information Report, the allegation of teasing and molestation and no allegation of rape has been levelled. While recording her statement under Section 180 BNSS, the prosecutrix improved the story and stated that the present applicant has committed some forceful act/missdeed with her but no specific allegation of rape has been levelled. She has stated that when the present applicant was doing such act, her parents came and the present applicant ran away. While recording her statement under Section 183 BNSS, the prosecutrix levelled specific allegation of rape and tearing her clothes. Learned counsel has stated that in the medical examination report, no injury substantiating the allegation of forceful rape is found and on account of starting of her menstrual cycle, she was bleeding. Learned counsel has stated that had it been the forceful rape where the prosecutrix had resisted, there must have been some injuries on her body, but in absence of those injuries, it is clear that the physical relation, if established, was consensual in nature, and in that case, the offence may not come within the purview of rape, though the aforesaid fact maybe tested and asserted during the course of trial. Further, the present applicant has no prior criminal history of any kind whatsoever. The learned counsel has further submitted that if the applicant is released on bail, 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, the applicant may be enlarged on bail. 6. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 06.06.2025; there is no likelihood to conclude the trial in the near future; 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. 8. The bail application is allowed. 9. Let the applicant- Pradeep Pal @ Sangeet Kumar Pal, 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 229-A of the Indian Penal Code/ 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 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 174-A of the Indian Penal Code/ 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 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. Order Date :- 24.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench