Neutral Citation No. - 2025:AHC:12088 Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38239 of 2024 Applicant :- Ajmat Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. The matter has been taken up through Video Conferencing. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 1056 of 2023, under sections 3(d)/4 of the Protection of Children from Sexual Offences Act P.S.- Khurja Nagar, District - Bulandshahr. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per the first information report, the allegation is with respect to attempt of committing unnatural intercourse whereas, the statement under sections 161 and 164 of Cr.P.C. do not properly supports the version of prosecution. He submits that there is no independent public eye witness of the incident and due to anonymity, the first information report has been lodged against the applicant and he has been connected. He also submits that the medical report also do not supports the allegations in the first information report as there is no injury to the victim. He added that the applicant is languishing in jail since 1.12.2023 and he has a case criminal history which he has explained and the applicant has undertaken that he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits allegations are serious in nature and too are supported by the statement of the victim and there is a case criminal history as such, the applicant is not entitled to be released on bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 1.12.2023; there is no independent public eye witness of the alleged incident and there are certain deviation in the statement of the victim which creates doubts in the story of prosecution coupled with the fact that applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Ajmat involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 23.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad