Neutral Citation No. - 2025:AHC-LKO:42328 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 401 of 2025 Applicant :- Ajay Kumar Rajvanshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Neeta Singh Chandel,Pravin Kumar Sahu,Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. None appears on behalf of the complainant, although notice has been duly served upon the complainant, as per the instructions of the learned A.G.A. The accused-applicant seeks bail in Case Crime No.450 of 2024 under Section 75(1)(i), 75(2) BNS and Section 9F, 10, 11,12 POCSO Act and Section 67 of I.T. Act, Police Station Pisawan, District Sitapur. Learned counsel for the applicant submits that the victim is a major as per the school records and was 17 years, 5 months, and 3 days old on the date of the incident. It is further submitted that the victim refused to undergo medical examination. The statement of the victim's brother, who according to her own statement is an eye-witness, has not been recorded. The offence alleged is punishable with a maximum sentence of three years. The applicant has already been incarcerated for approximately seven months, since 10.12.2024. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the period of incarceration undergone by the applicant, the explanation offered regarding his criminal history, which pertains to only one NCR case, the fact that the charge-sheet has already been filed, and that the applicant has been in custody since 10.12.2024, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Ajay Kumar Rajvanshi be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 IPC (now Section 269 BNS). (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. (now 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 174-A of the IPC (now Section 209 BNS). Order Date :- 23.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench