Neutral Citation No. - 2025:AHC-LKO:5044 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 692 of 2025 Applicant :- Arjun Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And 4 Others Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Alok Kumar Misra, learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A. for the State and Sri Arun Kumar Pandey, Advocate who has appeared for the opposite party no. 4 and 5 by filing 'Vakalatnama' along with short counter affidavit of the mother of the prosecutrix, same is taken on record. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 4.9.2024 in Case Crime No. 0008 of 2024 u/s 363,366,376 IPC and section 3/4 POCSO Act, P.S. Banthra, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Today, the prosecutrix (X), her mother Smt. Sheela Devi, the informant and the father of the applicant namely Darshan Lal are present in person. 4. The applicant was in affairs with the prosecutrix and under the bonafide impression that she has attained the marriageable age so he married with her. The prosecutrix is presently living with the family members of the applicant in his house. Learned counsel has further submitted that even the informant is agreeable to such relation and all these facts have been informed to the police concerned to close the case but the investigating agency filed charge- sheet with the ulterior motive. 5. On being asked from the prosecutrix about the aforesaid facts, she has specifically stated that she is aged about 20 years and her age may be verified by the radiological test. She has got married with the applicant. Presently, she is living with the family members of the applicant in his house and father of the applicant who is present in the court has also confirmed this fact by stating that his daughter-in-law (prosecutrix ) is living with his family members. 6. The mother of the prosecutrix / informant has also stated that she is agreeable for that marriage and she is aware of the fact that her daughter has married with the applicant and presently living with her in-laws. She has no objection to that. The applicant has no prior criminal history of any kind whatsoever. 7. 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. 8. Learned A.G.A. opposed the prayer for bail and submitted that the F.I.R. has been lodged under various section of IPC as well as POCSO Act for the reason that at the time of alleged incident the prosecutrix was minor as per the educational certificate, so the parties should participate in trial proceedings. 9. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., perusing the material available on record and also considering the statement of the prosecutrix, her mother and her father-in- law whereby the fact emerged that she has got married with the applicant and presently living with her in-laws, her mother / informant has no objection with that and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 10. Bail application is allowed. 11. Let the applicant Arjun, involved in aforesaid case 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 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 :- 27.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench