Neutral Citation No. - 2025:AHC:70414 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41463 of 2024 Applicant :- Priyanshu Alias Prince Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ankit Srivastava,Shamsher Bahadur Maurya Counsel for Opposite Party :- Akhilesh Kumar Dwivedi,G.A. Hon'ble Siddharth,J. List has been revised. Learned AGA informs that notice has been served on the informant, but no one has turned up to oppose the bail application. Heard Sri Ankit Srivastava, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Priyanshu Alias Prince, with a prayer to release him on bail in Case Crime No. 236 of 2024, under Sections 363, 366, 376(3) of IPC and 4(2) of POCSO Act, Police Station- C.B. Ganj(Collector Bukganj), District- Bareilly, during pendency of trial. There is allegation against the applicant that he abducted the minor girl with intent to marry, committed the offence of rape and penetrative sexual assault. Learned counsel for the applicant has submitted that from the statement of the victim recorded under section 164 Cr.P.C., it appears that she talked to the applicant on the mobile phone of her friend. Her friend assured the victim that she should catch the train for Delhi and applicant will meet her at the Delhi Station. At the station, she did not found the applicant. She was taken by an uncle and it is alleged that number of persons committed offence of rape against her subsequently. Learned counsel for the applicant has further submitted that there is no allegation against the applicant that he assured the victim that she should come to Delhi and he will receive her at Delhi Station. The victim left her house on her own sweet will and whatever allegations are made against the applicant is false. The victim knew the applicant earlier, but the allegations that he abducted her are incorrect. The role of applicant is different from other co-accused. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 22.08.2024. The trial in the aforesaid case is not likely to be concluded in near future. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. 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 the 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, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC)LawSuit 677 and 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 2.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad