avitNeutral Citation No. - 2025:AHC-LKO:8793 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31 of 2025 Applicant :- Dheeru @ Vivek Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by learned State counsel is taken on record. Vakalatnama filed by Sri Prince Singh, Advocate on behalf of the complainant is also taken on record. Heard learned counsel for the applicant, Sri Prince Singh, learned counsel appearing for the complainant and learned State Counsel as well as perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.396 of 2024, under Sections 137(2), 64 of BNS, 2023 and 5 j (2)/6 of POCSO Act, Police Station Ramkot, District Sitapur. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter due to ulterior motive. He submits that the statements of the victim recorded under Sections 180 and 183 of BNSS do not support the prosecution story. He also submits that no rape has ever been committed and alleged victim is 18 years of age and the applicant is ready to perform the marriage with the victim. He added that the chargesheet has been filed, thus, there is no possibility that the applicant would tamper the evidences. He next submits that applicant has no previous criminal history and he is languishing in jail since 14.11.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings, thus submission is that the applicant may be enlarged on bail. On the other hand learned counsel for the complainant has supported the version of the applicant and submits that the victim is 18 years of age and the applicant and alleged victim are ready to perform the marriage. He also submits that in fact, no such offence has been committed and under some misconception, the First Information Report was lodged. The learned Counsel for the State, though, opposed the contentions aforesaid, however he has no objection if the alleged victim and the applicant both are going to perform the marriage. Having considered the submissions of learned counsels for the parties and after perusal of the record, it is evident at this stage that the informant has stated that no such incident had taken place and due to misconception, the First Information Report has been lodged; this Court has also noticed the fact that the statements of the victim recorded under Sections 180 and 183 of BNSS do not support the prosecution story, coupled with the fact that the chargesheet has been filed in the matter, therefore there is no possibility of tampering the evidences; the applicant has no criminal history and he is languishing in jail since 14.11.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Dheeru @ Vivek Kumar involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 11.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench