Neutral Citation No. - 2025:AHC:12597 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42902 of 2024 Applicant :- Satyavir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Dubey,Rajesh K.S. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2. By means of this application under Section 439 of Cr.P.C., applicant-Satyavir, who is involved in Case Crime No. 20 of 1988, under Sections 363, 366, 368, 376 and 120-B of I.P.C., Police Station Pisawa, District Aligarh, seeks enlargement on bail during the pendency of trial. 3. The facts of this case are very rare because it is a case of the year 1988. The F.I.R. of this case was lodged by the complainant who is father of the victim on 19.03.1988, which was registered at Case Crime No. 20 of 1988 for the alleged offence under Section 363 I.P.C. against Vedveer and Dharamveer with the allegation inter alia that his daughter was enticed away by the accused persons. During investigation, complicity of the applicant came into light in the statement under Section 164 Cr.P.C. of the victim. After culmination of investigating, charge sheet No. 44 of 1988 was submitted on 26.09.1988, but applicant did not appear before the trial court and absconded. On 07.09.2024 applicant was arrested and sent to jail. 4. Main substratum of argument of learned counsel for the applicant is that applicant was not named in the F.I.R., therefore, he was not aware about the said facts. No notice or warrant was served upon the applicant, and he was arrested by the police on 07.09.2024. It is also submitted that co-accused Vedveer, against whom allegations of kidnapping and rape were levelled, was acquitted by the trial court vide judgment and order dated 02.06.1998. So far as allegation against the applicant is concerned, victim has also not supported the prosecution case, when her statement was recorded as PW-1 on 17.01.2025, therefore, the applicant who is languishing in jail since 07.09.2024 having no criminal history to his credit, may be enlarged on bail. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that submission of counsel for the applicant that he was not aware about the case is not correct because he has also obtained bail in the said case, the said fact has been recorded by the Investigating OfÏcer in C.D. No. 23 dated 26.08.1988. So far as hostility of the victim is concerned, it is argued that it is an old case of the year 1988 and her statement was recorded on 17.01.2025 after about thirty-six years, therefore, possibility of winning over the victim from the accused side or the possibility of losing her interest by lapse of time on account of delayed justice cannot be ruled out, therefore, the bail application of the applicant is liable to be rejected. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that applicant was absconding for last thirty-six years even after issuance of process under Sections 82 and 83 Cr.P.C., therefore, considering the conduct of the applicant, in case, he is granted bail, possibility of his absconding again cannot be ruled out. Hence, I do not find any good ground to release the applicant on bail. 7. Accordingly, the bail application is rejected. 8. Considering the fact that it is an old matter of the year 1988, Senior Superintendent of Police, Aligarh is directed to ensure the production of remaining prosecution witnesses on the dates fixed before the trial court, so that trial of the applicant may be concluded at the earliest. 9. On appearance of the prosecution witnesses, the trial court shall record their statements on the same date without granting any adjournment to either of the parties and also an endeavour shall be made to conclude the trial of the applicant, expeditiously. 10. Copy of this order be sent to the Senior Superintendent of Police, Aligarh as well as concerned trial court within three days for necessary information and compliance. Order Date :- 24.1.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad