Neutral Citation No. - 2025:AHC-LKO:18103 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 164 of 2025 Applicant :- Irfan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dharm Trivedi Counsel for Opposite Party :- G.A.,Abdul Shadab Khan,Rajnish Ojha Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, Sri Rajnish Ojha, learned counsel for the complainant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. First bail application has been filed with regard to Case Crime No.457 of 2024 under Sections 137(2), 87, 142 of BNS and 16/17 of POCSO Act, Police Station, Laharpur, District Sitapur. 3. As per contents of first information report, the incident is said to have taken place on 27.10.2024 at about 3:30 PM when the main accused Imran along with applicant are said to have abducted the minor sister of informant. 4. Learned counsel for applicant submits that he has been falsely implicated in the charges levelled against him. He further submits that the role attributed to him in the first information report as well as in the statement of victim is only for accompanying the main accused Imran, who had already been enlarged on bail by this Court vide order dated 20.3.2025 passed in Crl. Misc. Bail Application No. 2271 of 2025. He further submits that the applicant is in jail since 27.11.2024 without any previous criminal history, therefore, the applicant is entitled to be released on bail. 5. Learned counsel for the complainant as well as learned Additional Government Advocate appearing on behalf of State have opposed the prayer of bail but did not deny the aforesaid facts. 6. Considering the submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, only role attributed to the applicant in the first information report as well as statement of victim for accompanying the main accused Imran, who had already been enlarged on bail and without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly bail application is allowed. 8. Let applicant Irfan, involved in aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) 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 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 of BNS. (iv) 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 351 BNSS. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 1.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench