Neutral Citation No. - 2025:AHC-LKO:1208 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 138 of 2025 Applicant :- Ajay Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Naved Ali,Pawan Bhaskar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of leaned AGA notices to the complainant have been served. As per the prosecution, on 26.03.2024, at around 8:00 PM, the informant's daughter went to have tea near LIC. While returning, near Nigam Traders, she was allegedly abducted by the accused persons. Upon hearing her cries for help, Vedant and Vaibhav, friends of the informant, pursued the accused. When they reached Sahara City Homes, both were allegedly assaulted by the accused in which they sustained multiple injuries. Meanwhile, the victim managed to escape and return home. Learned counsel for the applicant submits that co-accused Ayush Mishra against whom main allegations were made has already been granted bail by this Court. It was further submitted that the present applicant’s role was limited to accompanying the main accused. There is no allegation of sexual assault against the applicant.. The applicant’s case is on better footing than that of co-accusedAyush Mishra. The applicant is languishing in jail since 17.12.2024 without any criminal antecedents. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. The learned AGA opposed the bail application but could not refute the arguments made by the applicant’s counsel. On due consideration to the victim's statements under Sections 161 and 164 Cr.P.C., which are inconsistent; the limited role assigned to the applicant; the victim’s refusal to undergo a medical examination; the bail granted to co-accused Ayush Mishra; and the fact that the applicant has been in jail since 17.12.2024 with no prior criminal record, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ajay Yadav, involved in Case Crime No. 88/2024, under Sections 363/366/323/504/354 IPC and Section 11/12 of POCSO Act, Police Station - Jankipuram, 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. (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. 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. Order Date :- 8.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench