Neutral Citation No. - 2025:AHC-LKO:6535 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12651 of 2024 Applicant :- Manjeet Kumar Kori Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Achal Singh Yadav,Anil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Achal Singh Yadav, learned counsel for the applicant and Sri Shani Pratap Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 06.10.2024, in FIR/ Case Crime No. 361 of 2024, under Sections 115(2), 352, 351(3), 333, 64(1) BNS, Police Station- Kotwali Bikapur, District- Ayodhya. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the allegation of attempt of rape has been levelled against the applicant besides other allegations. While recording her statement under Section 180 BNSS, the victim/ prosecutrix has categorically stated that the applicant is known to her for the last one year and they were having good terms but on the opposition of her family members, she stopped talking with the applicant, though this fact has not been indicated in the FIR. Learned counsel for the applicant has stated that while recording her statement under Section 183 BNSS, she improved the story and stated that the applicant has not only attempted to rape her but he also inserted his finger into her vagina resultant thereof, some bleeding started. It is also alleged that the applicant had assaulted the victim/ prosecutrix physically resultant thereof she received some injuries on her wrist, shoulder, feet and neck area. Immediately after the aforesaid incident, the prosecutrix was sent for medical examination where she refused to get herself medically examined though she had received some minor injuries on her wrist, shoulder, feet and neck area but no injury has been shown regarding sexual assault. Learned counsel has also submitted that if the allegation levelled against the applicant, while recorded her statement under Section 180 BNSS, was correct, then the victim/ prosecutrix must have got herself medically examined so as to ascertain the factum of rape. It is stated that the applicant is a student and doing internship of technical course of fitter. Charge sheet has been filed. He has stated that the applicant has no prior criminal history of any kind whatsoever. 4. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate 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. Therefore, 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 her statement under Section 180 BNSS, the victim/ prosecutrix has categorically stated that the applicant is known to her for the last one year and they were having good terms but on the opposition of her family members, she stopped talking with the applicant though this fact has not been indicated in the FIR; after the alleged incident, the prosecutrix was sent for medical examination where she refused to get herself medically examined; no injury has been shown regarding sexual assault; the applicant is a student and doing internship of technical course of fitter; charge sheet has been filed; the applicant has no prior criminal history of any kind whatsoever and the 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- Manjeet Kumar Kori 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. (v) The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 30.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench