Neutral Citation No. - 2025:AHC-LKO:39086 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11715 of 2024 Applicant :- Rahul Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Arshad Ahsan Siddiqui,Gyan Singh,Shyam Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Dr. Gyan Singh, learned counsel for the applicant and Dr. Surendra Singh, learned Additional Government Advocate for the State. However, no one has appeared on behalf of the opposite party No.2/ complainant despite the service of notice upon the complainant. 2.As per learned counsel for the applicant, the present applicant (Rahul Sonkar) is languishing in jail since 06.07.2024 in SST No.971 of 2024, F.I.R./Case Crime No.189 of 2024, under Sections 65 (1) & 351 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station-Kunda, District-Pratapgarh. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4.Learned counsel for the applicant has submitted that in the impugned First Information Report (in short F.I.R.) the sole allegation has been levelled against the present applicant, however, he was not present on the spot. 5.At this stage, attention has been drawn towards an affidavit filed on 24.05.2025 showing Annexure No.SA-1, which is the chief-examination and the cross-examination of PW-1/ prosecutrix, wherein she has not levelled any allegation against the present applicant. However, she has stated that the incident in question took place but she could not recognize the person who had committed rape with her. Therefore, learned trial court declared the prosecutrix hostile. 6.Learned counsel for the applicant has stated that when the prosecutrix has turned hostile, then the present applicant may be enlarged on bail. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. 7.On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 8.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the prosecutrix has been declared hostile as in her examination-in-chief as well as in the cross-examination she has not levelled any allegation against the present applicant, however, she has stated that the incident in question took place but she could not recognize the person who had committed rape with her; the present applicant is having no prior criminal history and the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail in this case. 9.Accordingly, the instant bail application is allowed. 10.Let the applicant (Rahul Sonkar) 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 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. . [Rajesh Singh Chauhan,J.] Order Date :- 9.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench