Unexplained delays in filing FIRs can undermine the credibility of the prosecution's case, warranting bail for the accused.

JUDGMENT :

Rajesh Singh Chauhan, J.

1. Heard Sri Sudhaker Prakash, learned counsel for the applicant and Sri Nikhil Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant-Sumit @ Golu is languishing in jail since 11.10.2024 in Case Crime No. 454 of 2024, under Sections 323, 506 and 376 I.P.C., Police Station Para, District Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which has been lodged on 15.08.2024 of the alleged incident dated 28.05.2022 without explaining the aforesaid inordinate delay of two years and three months. The aforesaid F.I.R. has been lodged pursuant to the allegation being levelled in the application under Section 156 (3) Cr.P.C. filed on 20.04.2024 without explaining the reason as to why such application has been filed at the belated stage.

5. Learned counsel for the applicant has drawn attention towards Annexure 2, which is a statement of the prosecutrix given to the Investigating Officer saying that her Advocate is presently out of station and as soon as he comes, she will record her statement and get her medically examined.

6. Learned counsel for the applicant has stated that if the inordinate delay is unexplained and the prosecutrix was not ready to get her medically examined promptly, then the prosecution story creates doubt on the trustfulness of the informant.

7. Learned counsel for the applicant has further submitted that the charge-sheet has been filed in this case. The present applicant is having no criminal history of any kind whatsoever against the present applicant. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

8. On the other hand, learned Additional Government Advocate has opposed the prayer for bail.

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.s, the fact that if the inordinate delay is unexplained and the prosecutrix was not ready to get her medically examined promptly, then the prosecution story creates doubt on the trustfulness of the informant and the present applicant is languishing in jail since 11.11.2024 without any criminal antecedents and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

10. Accordingly, the instant bail application is allowed.

11. Let the applicant-Sumit @ Golu 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,