Neutral Citation No. - 2025:AHC-LKO:1904 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 286 of 2025 Applicant :- Taiyab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- Jitendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Sri Hari Prakash Yadav, Advocate has put in appearance and filed his vakalatnama on behalf of the complainant. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Hari Prakash Yadav, learned counsel for the complainant and perused the record. 3. 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. 632 of 2023, under sections 366 and 376D of IPC, P.S.- Raunahi, District – Ayodhya. 4. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the statement of the victim under Sections 161 and 164 Cr.P.C. demolishes the story of the prosecution and the ingredients of Section 366 of IPC do not attract. He further added that it is not a case that the applicant has enticed away the victim whereas the victim has herself went away with the applicant-accused. He further submits that the matter will not lead to the punishment if trial is concluded. He also added that there is no possibility that the trial would be concluded in the near future. He next submits that the applicant has no previous criminal history and he is in jail since 16.10.2024. He submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 5. Per contra, Sri Hari Prakash Yadav, learned counsel appearing for the complainant has vehemently opposed the contentions aforesaid and submitted that after writ was filed before this Court and a direction was issued that the complainant go before the Circle Officer concerned and submits all the documents, thereafter only, the matter could be proceeded and anyhow the matter came to the clutches of the prosecution. He further submits that the applicant is involved in committing offence and he is a key player and thus he is not entitled for bail. 6. Learned AGA appearing for the State has also opposed the contentions aforesaid and submits that after thorough investigation, it was found that the applicant is involved in committing the offence and as such he is not entitled for bail. 7. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the victim being major has denied the prosecution story in her statements under Section 161 and 164 of Cr.P.C. Further the applicant has no previous criminal history and is languishing in jail since 16- 10-2024, coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 8. 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. 9. Let the applicant- Taiyab 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. [Shree Prakash Singh,J.] Order Date :- 10.1.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench