Neutral Citation No. - 2025:AHC-LKO:3599 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 597 of 2025 Applicant :- Deepanshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Praveen Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Praveen Shukla, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned AGA for the State and Sri Avinash Pandey, who has filed Vakalatnama on behalf of the informant/ complainant and the victim of the cases. Said Vakalatnama is taken on record. 2. As per learned counsel for the applicant, the present applicant is in jail since 04.08.2024 in Special Sessions Trial No.1109 of 2024, Case Crime/FIR No.197 of 2023, under Sections 363, 366, 376 IPC and Section 5L/6 of POCSO Act, Police Station – Dileeppur, District – Pratapgarh. 3. The complainant (opposite party no.2) and his daughter, who is the prosecutrix, are present in the Court today. The prosecutrix is having her son of about four months. She has stated that father of her son is the present applicant. She was in affairs with the applicant and got married in one Temple. From the aforesaid wedlock, they have been blessed with a male child. 4. Learned AGA has stated that the present applicant has indicated his age as 20 years whereas the prosecutrix is a minor girl aged about 17 years as per her educational certificate, therefore, they got married without attaining the marriageable age. 5. The complainant, who is also present in the Court, has stated that since his daughter has got married with the applicant and from the aforesaid wedlock, she is having one male child, therefore, he has nothing to say. 6. Learned counsel for the applicant has stated that so as to look after his wife and child, the present applicant is seeking bail. The applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall look after his wife and child properly. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the prosecutrix and the applicant got married in one Temple and from their wedlock, they are having a son of about four months; considering the statement of the complainant and undertaking of the applicant that he shall not misuse the liberty of bail and shall look after his wife and child properly, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let applicant- Deepanshu be released on bail in the aforesaid special sessions trial 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 :- 21.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench