Neutral Citation No. - 2025:AHC-LKO:2729 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 347 of 2025 Applicant :- Sagir Ahmad @ Kalloo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Shiv Shankar Singh,Rakesh Kumar Mishra,Reshma Khatoon Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Shiv Shankar Singh, learned counsel for the applicant and Shri Anant Pratap Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 07.11.2025, in Case Crime No. 115 of 2013, under Sections 363, 366-Ka IPC, Police Station- Kohdaur, District- Pratapgarh. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. He further submitted that in the aforesaid case, the charge sheet was not filed against the applicant but during course of recording the evidence of the prosecutrix and other witnesses, the name of the applicant came into the picture, therefore, he was summoned under Section 319 CrPC. Pursuant to such exercise, the applicant appeared before the learned Trial Court and was sent to the judicial custody on 07.11.2024. There is no allegation of rape against the applicant. It is further stated that allegation of rape has been levelled against the co-accused Maulana Azad. 4. Learned counsel for the applicant has further stated that in the present case, co-accused Maulana Azad and one co-accused, who is a lady, have been convicted by the learned Trial Court. Since, the trial of the applicant has been separated, therefore, the trial in his case is yet to be completed. Learned counsel for the applicant has submitted that there is no prior criminal history of any kind whatsoever against the applicant. 5. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact the charge sheet was not filed against the applicant but during course of recording the evidence of the prosecutrix and other witnesses, the name of the applicant came into the picture; after being summoned under Section 319 CrPC., the applicant appeared before the learned Trial Court and was sent to the judicial custody; there is no allegation of rape against the applicant; co-accused Maulana Azad and another co-accused have been convicted by the learned Trial Court; the trial of the applicant has been separated; the trial is yet to be completed; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Sagir Ahmad @ Kalloo be released on bail in the aforesaid case crime number 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:- (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 229-A of the Indian Penal Code. (iii) 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. (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 313 Cr.P.C. 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. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 15.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench