Neutral Citation No. - 2025:AHC-LKO:41618 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 81 of 2025 Applicant :- Sunil Kumar ( In First Information Report Sunil) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Govt. Lko. And 3 Others Counsel for Applicant :- Bhola Singh Patel,Beant Singh,Pravin Kumar Verma,Vibhu Shankar Counsel for Opposite Party :- G.A.,Ajai Kishore Singh,Rakesh Singh Parihar Hon'ble Karunesh Singh Pawar,J. Heard Mr. Vibhu Shankar, learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that on 5.3.2024 while the complainant went to his sister's house along with his wife, minor daughter of the informant aged about 14 years while finding her alone, the applicant has molested her. In the meantime, mother of the complainant came and tried to catch hold the accused who pushed her and ran away extending threat. Learned counsel for the applicant submits that the maximum punishment under the offence is five years. Statement of the victim under sections 161 and 164 CrPC are not corroborated by the mother of the informant. The applicant has no previous criminal history. Charge sheet has been filed. The applicant is in jail since 20.12.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. and complainant's counsel opposed the prayer for bail. The complainant's counsel has submitted that there is no enmity of the complainant with the applicant. Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the applicant has no criminal history, the victim has refused to undergo medical examination, statements of the victim under sections 161 and 164 CrPC, statement of the witness, arguments advanced by learned counsel for the parties, the applicant is in jail since 20.12.2024, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Sunil Kumar, involved in Case Crime No.47 of 2024 under sections 452, 354, 506 I.P.C., 7/8 POCSO Act, P.S. Rahimabad, district Lucknow 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 officer or tamper with the evidence. (iv) 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. (v) The applicant 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(now section 269 BNS). (vi) 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.(now section 84 BNSS) is issued and the applicant fails 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 (now section 209 BNS) Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 21.7.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench