Neutral Citation No. - 2025:AHC-LKO:6129 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 898 of 2025 Applicant :- Vishnu Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 1.12.2024 in Case Crime No. 30 of 2023 u/s 363, 366, 376 IPC, & section 5(1)/6 POCSO Act, P.S. Gauriganj, District Amethi. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Notice has been given to opposite party no. 2 but none has appeared on behalf of complainant though the prosecutrix as well as the mother of the applicant are present in the Court. 4. Sri Shukla has stated that as per the date of birth the prosecutrix is aged about 18 years five months and 23 days (D.O.B. 20.8.2006). Sri Shukla has further submitted that the prosecutrix has got married with the applicant and is presently living with the family members of the present applicant. 5. The prosecutrix who is present in Court has stated that the allegation in the impugned F.I.R. are false and misconceived as the present applicant has not committed any illegal act with her. She has married with him and presently living with his family members. She has no grievance of any kind whatsoever against her husband who is present applicant and his family members. She wants to live with her husband who is the applicant. 6. The mother of the applicant namely, Suneeta has also stated that her daughter-in-law (prosecutrix) is presently living with her. She has no grievance against her daughter-in-law. She is living happily with her. She undertakes on behalf of her son also that they shall look after her properly and shall provide all necessary means which are required to any person. She has also stated that her son is major, therefore, her son and her daughter- in-law (prosecutrix) got married and living together. 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.erate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Learned AGA has opposed the aforesaid request of learned counsel for the applicant by submitting that at the time of alleged incident the prosecutrix was minor. However, if she got married with the applicant and living with the family members of the applicant, he has nothing to say though any direction may be issued in the interest of prosecution and trial proceedings. 9. Be that as it may, without entering into the merits of the issue, considering the arguments of learned counsel for the parties, the statement of the prosecutrix and the mother of the applicant, since the prosecutrix has got married with the applicant and presently living with family members of the applicant happily having no grievance of any kind whatsoever, I find it an appropriate case for granting bail. 10. Bail application is allowed. 11. Let the applicant Vishnu, 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) As soon as the present applicant comes out from jail he shall get his marriage registered before the Marriage Registering Authority within a month and copy thereof shall be shown to the learned trial court during trial proceedings, failing which any application may be filed before this Court for cancelling this bail order. (ii) If the present applicant and prosecutrix files an application seeking registration of their marriage, the Registrar, Marriage Registration shall register their marriage at the earliest strictly in accordance with law. (iii) 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. (iv) 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. (v) 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. (vi) 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. (vii) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 29.1.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench