HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36735 of 2024 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Despite service of notice upon respondent no.2, no one has appeared on behalf of respondent no.2. 2. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Rajesh with a prayer to release him on bail in Case Crime No.94 of 2022, under Sections 363 and 366 IPC and 11/12 POCSO Act, Police Station Bar, District Lalitpur, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. He further submitted that applicant has not abducted and enticed away the daughter of the informant. After conclusion of investigation, chargesheet has been submitted and cognizance has been taken and trial is going on. Five prosecution witnesses have been examined in the court. Learned counsel for the applicant has drawn attention of the Court particularly to the statement of P.W.2 Satyam, who is brother of the victim. P.W. 2 Sataym has stated that the applicant Rajesh and co-accused Rajkumar have abducted and enticed away his sister. As per statement of Satayam, role/involvement of Rajesh and Rajkumar is similar. Co-accused Rajkumar has been granted bail by co-ordinate Bench of this Court vide order dated 03.01.2025 passed in Criminal Misc. Bail Application No.47060 of 2024. Other co-accused Ram Asrey and Nitendra Versus Counsel for Applicant(s) : Nanhe Lal Tripathi Counsel for Opposite Party(s) : G.A. Rajesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Bhargav have been granted bail by co-ordinate Bench of this Court vide orders dated 30.05.2024 and 12.08.2024 passed in Criminal Misc. Bail Application Nos.21226 of 2024 and 26604 of 2024 respectively. The applicant has no criminal history to his credit and is languishing in jail since 02.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the victim has not yet been recovered but it is admitted that as per statement of P.W.2 Satayam, role/involvement of Rajesh and Rajkumar is similar and co-accused Rajkumar has been granted bail by co- ordinate Bench of this Court. Learned A.G.A. further contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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 BAIL No. 36735 of 2024 2 accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail 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./209. B.N.S. (v) 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 313 Cr.P.C./351 B.N.S.S. 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. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 19, 2025 Asha BAIL No. 36735 of 2024 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad