Neutral Citation No. - 2025:AHC-LKO:7523 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11819 of 2024 Applicant :- Nikhil Dixit Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Nalin Arora,Anubhav Singh Counsel for Opposite Party :- G.A.,Dharm Trivedi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Nalin Arora, learned counsel for the applicant, Shri Harishanker Maurya, learned A.G.A. for the State as well as Shri Dharm Trivedi, learned counsel for the complainant/informant and perused the record. 2. As per learned counsel for the applicant, the present applicant- Nikhil Dixit is in jail since 18.08.2024 in F.I.R./Case Crime No. 0253 of 2024, under Sections 419, 420, 467, 468, 471, 376-D, 504 and 506 of I.P.C., Police Station- Ramkot, District- Sitapur. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated and he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein the allegation of rape with the prosecutrix has been levelled against the present applicant and one Vikas Mishra. Though, while recording the statement of prosecutrix under Section 164 Cr.P.C., she has levelled allegation against one more person, namely, Prakash Yadav. Prosecutrix is a widow lady having one son aged about 15 years. As per F.I.R., after the death of the husband of the prosecutrix, the present applicant, who was residing at the same town assured the prosecutrix to provide any suitable job and established physical relations with her. However, while recording her statement under Section 161 Cr.P.C., the applicant has established physical relations with her in the month of July, 2022. Though, while recording her statement under Section 164 Cr.P.C., she has stated that the present applicant along with co- accused Vikas Mishra and Prakash Yadav have established physical relations with her on 14.05.2023 in one hotel at Lucknow. Though, hotel register provides that on the date of incident the prosecutrix was present with her son along with the present applicant. The prosecutrix denied for medical examination. Learned counsel for the applicant has stated that considering the aforesaid aspect, the division bench of this Court granted interim order in favour of co-accused Vikas Mishra, vide order dated 06.09.2024 passed in Criminal Misc. Writ Petition No. 6611 of 2024 and that petition is still pending. There is no previous criminal history of any kind whatsoever against the present applicant. He has further stated that the charge-sheet has been filed. 4. Learned counsel has further stated that the applicant undertakes that she 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. 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 and the fact that in the First Information Report, the allegation of rape with the prosecutrix has been levelled against the present applicant and one Vikas Mishra; However, while recording the statement of prosecutrix under Section 161 Cr.P.C., the applicant has established physical relations with her in the month of July, 2022; though while recording her statement under Section 164 Cr.P.C., she has stated that the present applicant along with co-accused Vikas Mishra and Prakash Yadav have established physical relations with her on 14.05.2023 as also considering the fact that the division bench of this Court has already granted interim protection in favour of co-accused Vikas Mishra 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 the applicant- Nikhil Dixit 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 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. (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.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, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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 the country without permission of the Court concerned. (Rajesh Singh Chauhan, J.) Order Date :- 5.2.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench