Neutral Citation No. - 2025:AHC-LKO:43878 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13078 of 2024 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rakesh Dwivedi,Abhyudaya Mishra,Ashutosh Mishra,Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.,Manoj Kumar Nishad Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ashutosh Mishra, learned counsel for the applicant, Shri Manoj Kumar Nishad, learned Counsel for the complainant and Shri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 23.09.2024 in Case Crime No.212/2024 under Section 64, 351(2) of B.N.S., 2023 and Section 67 of the Information Technology Act, 2000, Police Station-Bhiti, District-Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention of this Court has been drawn towards the impugned F.I.R. wherein no exact date of incident has been mentioned and prima facie it appears that the applicant and the prosecutrix were in cordial relation. 4. At the very outset, learned Counsel for the applicant has stated on specific instructions of his client that the present applicant is still in good relation with the prosecutrix and as soon as he is released on bail, he will marry the prosecutrix. 5. Learned Counsel for the informant/prosecutrix has also stated on specific instructions of his client that she is also ready to marry with the present applicant. He has also stated that the F.I.R. was lodged for the reason that she was under the impression that the present applicant would not marry her. 6. At this stage, learned Counsel for the applicant has also drawn the attention of this Court towards the supplementary affidavit filed on 21.06.2025 wherein Annexure SA-1 is the statement of P.W.1, the prosecutrix and in her statement she has not supported the prosecution version and has turned hostile in her statement recorded before learned Trial Court and has stated that applicant has not committed any offence on her. 7. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 8. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 9. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the prosecutrix herself has turned hostile and has not supported the prosecution version and as per the submissions made by Counsel for the respective parties both the applicant and prosecutrix are ready and willing to marry each other and also taking note of the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings and shall marry the prosecutrix after he is enlarged on bail, the applicant is entitled to be released on bail in this case. 10. Bail application is allowed. 11. Let the applicant Rajesh Kumar 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 / she 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 / her 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 B.N.S.S., 2023 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 / her 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. 12. Since the present applicant has been enlarged on bail for the reason that he will marry the prosecutrix, thus, he shall marry the prosecutrix at the earliest and both will live as husband and wife and the present applicant will take good care of the prosecutrix failing which an application for cancellation of bail may be filed which may be decided with expedition. (Rajesh Singh Chauhan, J.) Order Date :- 29.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench