Neutral Citation No. - 2025:AHC-LKO:42338 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6755 of 2025 Applicant :- Gulsan Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Dhananjai Kumar Tripathi, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 04.06.2025 in FIR/Case Crime No.227 of 2025, under Sections 64(1), 332(B) & 351 (3) of B.N.S., Police Station – Bachhrawan, District – Raebareli. 3. 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 11.03.2025 but the FIR has been lodged on 02.06.2025 without explaining the delay. The present applicant is the sole accused. Learned counsel has stated that the present applicant and the prosecutrix were living together at Mumbai for the last two years and the applicant was willing to marry with her but presently, the prosecutrix is not willing to get married with him, therefore, she lodged an FIR against him. The applicant is still ready to get married with the prosecutrix. Further, the allegation against the present applicant that he is defaming the prosecutrix having intention that her marriage, which has been settled at any other place, be broken is absolutely false and misconceived. If she is not interested to marry with him, she is free to marry with other person and he will not do any act prejudicial to her in any manner whatsoever. As a matter of fact, his relations with the prosecutrix were consensual in nature and this fact may be verified from the statement of the prosecutrix. 4. Sri Tripathi has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. 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 bail application 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 there is unexplained delay in lodging the FIR; the applicant and the prosecutrix were living together at Mumbai for the last two years and the applicant was willing to marry with her but presently, the prosecutrix is not willing to get married with him; the applicant is still ready to get married with the prosecutrix; relations of the applicant with the prosecutrix were consensual in nature and this fact may be verified from the statement of the prosecutrix; the applicant is having no prior criminal history of any kind whatsoever 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- Gulsan Chauhan 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