Neutral Citation No. - 2025:AHC-LKO:37619 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 352 of 2025 Applicant :- Aslam Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Vibhanshu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Shalini, Yadav holding brief of Sri Vibhanshu Srivastava, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. Learned counsel for the applicant has been engaged through High Court Legal Aid Services Sub Committee at Lucknow Bench. 3. It has been contended by the learned counsel for the applicant that the applicant is in jail since 9.6.2020 in Case Crime No. 0669 /2020 u/s 376D IPC, P.S. Kotwali Sadar, District Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against three accused persons including the present applicant. However, the charge-sheet has been filed only against the present applicant u/s 376D IPC. 5. Ms. Yadav has submitted that no charge-sheet u/s 376D IPC may be filed against the sole accused person inasmuch as a single accused person may not be held liable for the offence of gang-rape. 6. Learned counsel for the applicant has shown the copy of order dated 6.11.2020 filed by the C.J.M., Lakhimpur Kheri committing the matter to the sessions wherein exercise of committal has been done only against the present applicant. 7. This Court vide order dated 15.1.2025 directed the learned trial court to submit the status report in the present crime case and in compliance of the aforesaid order the learned trial court has submitted the status report dated 27.1.2025 indicating therein the Sessions Trial No. 187 of 2020: State vs. Aslam Khan, Case Crime No. 669 of 2020 u/s 376D IPC. The perusal thereof reveals that in the trial proceedings the present applicant is the sole accused u/s 376D IPC. 8. Sri Ran Vijay Singh, learned AGA has informed on the basis of written instructions that the name of two other accused persons have been deleted inasmuch as no incriminating material has been found against them. 9. Therefore, in the light of the aforesaid facts and circumstances Ms. Yadav has again reiterated that if the present applicant was the sole accused, a charge-sheet u/s 376D IPC could not have been filed against him and at the best the charge-sheet could have been filed u/s 376 IPC. On that learned AGA has submitted that during the course of the trial if learned trial court convinces it may summon the accused persons who are named in the F.I.R. inasmuch as there are provisions in the Cr.P.C. to summon those persons whose culpability is prima-facie appearing to the learned trial court. 10. As per the status report dated 27.1.2025 (supra) the statement of informant / complainant as P.W.-1, prosecutrix as P.W.-2 and one Female Head Constable as P.W.-3 has been recorded. The statement of expert witness Dr. Shweta Awasthi and Sub-Inspector Santosh Kumr Rai is to be recorded. 11. Therefore, considering the fact that the statement of relevant witnesses have been recorded, the present applicant is in jail for last more than five years and he is the sole accused for offence of section 376D IPC, I find it appropriate that he may be enlarged on bail. 12. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 13. Bail application is allowed. 14. Let the applicant Aslam Khan, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of 50,000/- 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 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.may be issued and if 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 the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 3.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench