Neutral Citation No. - 2025:AHC:13962 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43002 of 2024 Applicant :- Dayaram Gautam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pramod Kumar Vishwakarma Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case Crime No. 41 of 2022, under Sections - 363, 376, 506 I.P.C. and Section - 3/4 POCSO Act, Police Station - Badlapur, District - Jaunpur, with the prayer to enlarge the applicant on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 01.12.2022, which is reproduced as below :- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None has appeared on behalf of informant despite service of notice. The present bail application has been filed by the applicant in case crime No. 41 of 2022, under Sections 363, 376, 506 IPC and Section 3/4 of Protection of Children from Sexual Offences, Act, P.S. Badlapur, District Jaunpur, with the prayer to enlarge him on bail. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been pointed out that as per version of the informant in first information report, the victim girl was enticed away by accused persons on 18.02.2022 and on next day she was found in the Jungle, whereas in her statement, under Section 161 Cr.P.C., the informant has stated that victim was found in the evening of 18.02.2022. It has also been pointed out that two statements of victim girl have been recorded under Section 161 Cr.P.C. and in one statement she has stated that she does not know the applicant, whereas in another statement she has stated that she knows that applicant. In medical examination report of victim, no injury has been shown. Referring to facts of the matter, it was submitted that allegations of rape levelled against the applicant, are thoroughly false. Lastly, it was submitted that the applicant is languishing in jail since 21.02.2022 and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial. Learned A.G.A. has opposed the prayer for bail and submitted that victim is 14 years old minor girl and in first information report as well as in statement of victim, there are clear allegations that applicant has committed rape upon her. Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of case, at this stage, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Dayaram Gautam is hereby rejected." 4. Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in this case. Applicant is in jail since 21.02.2022 but during trial only part statement of P.W.-1 Sangeeta Devi has been recorded. Part statement of P.W.-1 was recorded in the year, 2023 and now non-bailable warrants are being issued against P.W.-1 Sangeeta Devi, since month of February 2024 for her appearance for cross-examination but she has not appeared before the trial court so far and the trial is held up since last more than one year. Lastly, it was submitted that applicant is languishing in jail since 21.02.2022, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail and submitted that victim is a minor girl aged about 14 years and first bail application of applicant has already been rejected on merits. 6. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 7. Let the applicant - Dayaram Gautam involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions : - (i) The applicant will not tamper with the evidence during trial. (ii) The applicant will not pressurize/intimidate the prosecution witnesses. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 8. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 27.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad