Neutral Citation No. - 2025:AHC-LKO:42341 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 111 of 2025 Applicant :- Kaale @ Nasrulla Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others Counsel for Applicant :- Ramesh Pratap Singh,Dilip Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. None appears on behalf of the complainant, although notice has been duly served upon the complainant, as per the instructions of the learned A.G.A. The accused-applicant seeks bail in Case Crime No.776 of 2024 under Section 74, 352, 131 BNS and Section 7/8/18 POCSO Act, Police Station Kotwali Nagar, District Gonda. In the prosecution case it is alleged that on 8.10.2024 at about 4.30 p.m. the accused dragged the minor daughter of the complainant, aged about 12 years, inside his godown where he removed her clothes and molested her. Learned counsel for the applicant submits that the offences alleged are punishable with a maximum sentence of five years. The applicant has already undergone approximately nine months of incarceration and is in jail since 09.10.2024. It is further submitted that the charge-sheet has been filed; the applicant has no criminal antecedents and has been falsely implicated. He was not arrested from the spot, and no recovery has been made from him. The alleged recovery from the place of incident is not connected with the applicant. The offences are triable by a Magistrate. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the gravity of the offence, the sentence prescribed therein, the period of incarceration undergone by the applicant, the fact that the charge-sheet has been filed, and that the applicant has no criminal antecedents and is in jail since 09.10.2024, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Kaale @ Nasrulla Khan be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 IPC (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 IPC (now Section 209 BNS). Order Date :- 23.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench