Neutral Citation No. - 2025:AHC-LKO:36428 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 802 of 2025 Applicant :- Karan Saroj Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Anil Kumar Nishad Counsel for Opposite Party :- G.A.,Rajesh Kumar Dhuriya Hon'ble Shree Prakash Singh,J. 1. Counter affidavit filed today by the learned A.G.A. for the State is taken on record. 2. Supplementary affidavit filed today by learned counsel for the applicant is also taken on record. 3. Heard Sri Anil Kumar Nishad, learned counsel for the applicant, Sri Rajesh Kumar Dhuriya, learned counsel for the complainant, learned A.G.A. for the State and perused the record. 4. The instant bail application has been filed on behalf of the applicant, Karan Saroj with a prayer to release him on bail during the trial in Case Crime No.0275 of 2024, under Sections 76, 115(2), 351(3) B.N.S., Sections 3(1)(r), 3(1)(s) S.C./ S.T. Act and Sections 9g, 10 of POCSO Act, Police Station Baghray, District Pratapgarh. 5. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that no such incident has ever taken place as is stated in the first information report. He also submits that the statement of the victim before the learned trial court has demolished the story of the prosecution, as she has denied the whole prosecution story. He also added that, due to the absence of any material evidence, the first information report has been lodged by the complainant, and the whole story of the prosecution is false and concocted. His further submission is that the appellant is a law-abiding citizen and is of 19 years of growing age, and is languishing in jail since 06.10.2024; and in case the applicant is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings. 6. On the other hand, learned counsel appearing for the complainant has also supported the version of learned counsel for the applicant and submits that no such incident has ever taken place as is mentioned in the first information report. 7. Learned A.G.A. for the State, though has opposed the contention, could not dispute the fact regarding the statement of the victim. 8. Having heard the learned counsel for the parties and after perusal of record, it appears that the victim has denied the prosecution story. The applicant has no previous criminal history and is languishing in jail since 06.10.2024 and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 9. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 10. Let the applicant, Karan Saroj involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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. He 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) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 Cr.P.C.; and (iv) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 11. 11. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 12. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case [Shree Prakash Singh, J.] Order Date :- 25.6.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench