Neutral Citation No. - 2025:AHC:12698 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43915 of 2024 Applicant :- Rajendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2-The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 29 of 2024, under Sections 363, 376(2)(n) I.P.C. and Sections 5L/6 POCSO Act, Police Station-Kailiya, District-Jalaun, during the pendency of trial. 3-The brief facts of the case which are required to be stated are that the complainant who is father of the victim has lodged a first information report on 30.05.2024 about missing of his daughter since 25.05.2024 for the offence under Section 363 I.P.C. against unknown person stating inter-alia that on 25.05.2024 at about 06:00 o'clock, his daughter had left the house on the pretext of purchasing sleeper, but she did not return. A hectic search was made but all in vain. 4-The main substratum of argument of learned counsel for the applicant is that the applicant and father of the victim works together but on account of business dispute, he has been falsely implicated in this case. Referring the statement under Section 161 and 164 Cr.P.C. of the victim, it is argued that as per own case of the victim, she had left her house alone on the pretext of purchasing sleeper for her grand- mother with an intention to go with the applicant and she has also alleged that the applicant took her to a hotel in Lucknow where he has made physical relation with her and thereafter he went for his business and she stayed there. On the next day, applicant again made physical relation with her. Much emphasis has been given by contending that even assuming the statement of the victim as correct, even then it is clear that she stayed there on her own violation otherwise she had ample opportunity to get rid of from the association of the applicant but she did not do so. It is also pointed out that since no such incident had happened as alleged by the victim, therefore, the investigating ofÏcer did not make any effort to get the name and address of the hotel and no investigation has been done in this regard, as such, place of incident has not been disclosed by the prosecution. Lastly it is submitted that before the trial court, victim has been recorded as PW-2 on 06.10.2024, in which she has stated inter-alia that on the day of incident, applicant- Rajendra was with his father in Moradabad and no such incident has been committed by him. In the light of aforesaid facts, it is argued that there is bleak chance of conviction of the applicant, therefore, the applicant who is languishing in jail since 04.06.2024 having no criminal antecedent may be enlarged on bail. 5-On the other hand, learned A.G.A. as well as learned counsel appearing on behalf of the complainant opposed the prayer for bail of the applicant but they do not dispute the factum of the case as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the light of statement of the victim recorded during investigation as well as before the trial court, applicant has made out prima-facie case for bail. 7-Hence, the bail application is hereby allowed. 8-Let the applicant-Rajendra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 24.1.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad