Neutral Citation No. - 2025:AHC:12982 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39570 of 2024 Applicant :- Kaleem Ahamad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhinav Shukla,Mohammad Wasiuddin,Ram Shiromani Shukla,Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Syed Shahnawaz Shah, learned counsel for applicant and Sri B.P. Singh, learned AGA for State. 2. This is second bail application filed by applicant in Case Crime No. 206 of 2022 under Sections 376, 376(2) (N), 376(3) IPC and 3/4 of POCSO Act, Police Station- Saraimir, District- Azamgarh. First bail application was rejected vide order dated 22.05.2024. “1. Heard Sri Sanjeev Rai, learned counsel for applicant and Sri R.K. Mishra, learned AGA for State. 2. Applicant has approached this Court for bail in Case Crime No. 0206/2022 under Sections 376, 376(2)(N), 376(3) IPC and 3/4 of POCSO Act, Police Station- Saraimir, District- Azamgarh and he is in jail since 22.09.2022; he is facing trial for committing repeated offence of rape of a minor girl and impregnation. 3. Learned counsel for applicant submits that as on 10.09.2023, two prosecution witnesses were examined (PW-1 mother and PW-2 father of victim) and they have not supported case of prosecution; PW-2 father of victim was declared hostile, however, PW-1 mother of victim was not declared hostile but in cross examination, she has not supported case of prosecution; he fairly submits that he has no instructions whether statement of victim has been recorded or not; he further submits that her statement recorded during investigation under Sections 161 and 164 Cr.P.C. are against applicant. 4. In aforesaid circumstances, considering that applicant is in jail since 22.09.2022 i.e. 1 year 8 months and it is not on record whether statement of victim is still recorded or not and there is likelihood that applicant may influence the witness as well as taking note of nature of evidence already recorded before trial Court, therefore, at this stage, prayer for bail is rejected. 5. However, this application is disposed of with a direction that trial Court will record statement of victim expeditiously preferably within 3 months from today. 6. Thereafter, applicant will be at liberty to approach this Court or trial Court, as advised, for bail along with status of trial and statement of victim. 7. Registrar (Compliance) to take steps.” 3. In pursuance of an order of this Court, trial Court has submitted a status report dated 08.11.2024 that out of proposed 10 witnesses, 2 have been examined. 4. Learned counsel submits that victim is missing, therefore, she has not come forward to depose; he further submits that in pursuance of an order of this Court, a personal affidavit of S.S.P., Azamgarh has been filed that victim is missing for last 2 ½ months; he further submits that in aforesaid circumstances, trial may not proceed further and applicant may suffer prolong detention. 5. Learned AGA has also referred details mentioned in personal affidavit and has not denied submissions of learned counsel for applicant. 6. I have considered above submissions and after considering that victim is missing for last 2 ½ months and Police Authorities are not able to locate her, therefore, applicant who is in jail since 22.09.2022 has made out a case for bail. However, it is made clear that during bail, applicant will not enter into boundaries of District- Azamgarh until statement of victim is recorded and except for trial. Meanwhile, Police Authorities as well as Child Welfare Committee, Azamgarh will ensure presence of victim and necessary efforts may be taken, if so warrant. 7. Let the applicant- Kaleem Ahamad be released on bail in aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 9. The bail application is allowed. 10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 11. Trial Court will take all endeavour to expedite the trial. Order Date :- 24.1.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad