HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34636 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard Sri Choudhary Dil Nisar, learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Farman with a prayer to release him on bail in Case Crime No.380 of 2025, under Sections 74, 76, 115(2), 351(2), 126(2), 324(2), 308(5) B.N.S., Police Station- Kairana, District- Shamli, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. He has not committed any offence as alleged in the first information report. The first information report was registered against unknown. The name of the applicant was surfaced during the course of investigation on the false information given to the Investigating Officer. The victim in her statement under Section 183 B.N.S.S. has stated that Ashu (co-accused) and one more boy took her in a factory and pressurized her to remove her clothes from her body and cause injury by way of slapping. She has further stated that they have pressurized her to demand Rs.5,00,000/- from her father. It is submitted that co-accused Shahil, who was named in the statement of the victim under Section 183 B.N.S.S. and co-accused Salim have already been granted bail by the co-ordinate Bench of this Court vide orders dated 26.09.2025 and 24.09.2025 passed in Criminal Misc. Bail Application Nos.33509 of 2025 and 32912 of 2025. It is further submitted that the first information report was registered under Section 7/8 POCSO Act alongwith other sections of B.N.S. but the charge-sheet has been filed removing the relevant provision Versus Counsel for Applicant(s) : Ankit Srivastava, Ch. Dil Nisar Counsel for Opposite Party(s) : G.A. Farman .....Applicant(s) State of U.P. .....Opposite Party(s) of POCSO Act because the victim was found to be major during the course of investigation by the Investigating Officer. The criminal history of the applicant has been explained in paragraph-28 of the bail application. The applicant is languishing in jail since 29.06.2025 and in case he is enlarged on bail he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the above facts. 5. 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; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. 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 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 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 BAIL No. 34636 of 2025 2 issued and the 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./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. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Radhika BAIL No. 34636 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad