Neutral Citation No. - 2025:AHC-LKO:3142 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13133 of 2024 Applicant :- Furkan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Dharm Trivedi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Counter affidavit filed by the State is taken on record. 2. Heard. 3. This Court has passed the order dated 19.12.2024 which reads as under:- "1. Heard Sri Dharm Trivedi, learned counsel for the applicant and Ravi Srivastava, learned AGA for the State. 2. Issue notice to opposite party no. 2 returnable at an early date. 3. Steps within a week. 4. Office to proceed accordingly. 5. It has been stated that the applicant is in jail since 9.10.2024 in Case Crime No. 42 of 2022 u/s 376, 323,504, 506 IPC, P.S. Kotwali Sadar, District Kheri. It has also been submitted that the applicant has falsely been implicated in this case as he has not committed any offence as alleged. 6. Learned counsel has stated that the present applicant has got married with the prosecutrix way back on 16.6.2021 and with the aforesaid wedlock they had been blessed with a male child but the child died after some time. The prosecutrix is not living with him and has levelled allegation that he has got married with another lady, though this fact is not correct. The present applicant has stated that he is ready to live with the prosecutrix and take care of her properly. 7. So as to know the aforesaid fact the presence of the prosecutrix before the Court is required, therefore, on the next date the prosecutrix shall appear in person. 8. The S.H.O., P.S. Kotwali Sadar, District Lakhimpur Kheri shall ensure the presence of the prosecutrix on the next date. 9. Learned AGA shall intimate this order to the S.H.O. concerned for compliance of this order. 10. List on 16.1.2025. 11. In the meantime the objection may also be filed." 4. Today, the prosecutrix is present in person along with her counsel Mr. Zubair Hasan, who has filed vakalatnama on behalf of the prosecutrix/ complainant, which is taken on record. 5. Presence of the prosecutrix has been ensured by Ms. Tripti, Sub Inspector, Police Station- Kotwali Sadar, District- Lakhimpur Kheri. 6. The prosecutrix has stated that she is willing to live with the applicant as wife but today the learned counsel on behalf of the applicant has submitted that now the applicant is not willing to keep the prosecutrix with her as his wife. 7. At this stage, learned counsel for the applicant stated that he is willing to withdraw this bail application as he will have to seek instruction from his client. He prays that the same may be dismissed as withdrawn. 8. Though, this bail application could have been decided on merits but considering the aforesaid submission of learned counsel for the applicant, this bail application is dismissed being withdrawn. (Rajesh Singh Chauhan,J.) Order Date :- 16.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench