HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26462 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record. 2. This is second bail application. The first bail application was rejected by this Court vide order dated 4.12.2024 passed in Criminal Misc. Bail Application No.38534 of 2024. 3. The present second bail application has been filed on behalf of the applicant in Case Crime No.170 of 2024, under Sections 376(2)(n), 313, 506 I.P.C. and Section 67 I.T. Act, Police Station- Kaptanganj, District- Basti with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant has repeatedly committed rape upon the victim. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant has not committed any offence as alleged in the impugned FIR. He submits that as per statement of the victim recorded under Section 161 and 164 Cr.P.C. the victim is a consenting party and as such, no offence is made out against the applicant. Medical report also does not support the prosecution story. There is no internal or external injury found on the body of the victim. He further submits that there are 6 witnesses and only two witnesses have been examined before the trial court, therefore, there is no possibility of conclusion of trial in near future. Several other submissions Versus Counsel for Applicant(s) : Preete Chaudhary, Raman Pandey Counsel for Opposite Party(s) : G.A. Suneel Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. He submitted that the applicant is languishing in jail since 18.9.2024 having no criminal history. 6. Learned A.G.A has vehemently opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant. 7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 8. Let the applicant- Suneel Kumar, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 her under Section 229-A IPC. (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 applicant fails to appear before the Court on the date BAIL No. 26462 of 2025 2 fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case. (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 8, 2025 Krishna* BAIL No. 26462 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad