Neutral Citation No. - 2025:AHC-LKO:13446 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1337 of 2025 Applicant :- Ankush Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard. This Court has passed the order dated 17.02.2025, which reads as under:- "Heard Sri Dharmendra Kumar Trivedi, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. Notice has been given to the opposite party no. 2 but no one has appeared. The present applicant is in jail since 11.11.2024 in case crime no. 307 of 2024 under Sections 363, 366, 376, 323, 504, 506 of IPC and Section 5/6 of the POCSO Act at P.S. Dalmau District Raebareli. Attention has been drawn towards the statement of the prosecutrix recorded under Section 161 and 164 CrPC, wherein, she has not levelled any allegation against the present applicant regarding rape. As a matter of fact, she stated that she is in relation with the present applicant for the last three months and the applicant is willing to get married with her and she is also agreeable for the marriage. Learned counsel for the applicant has stated that presently the applicant has attained the marriageable age and the prosecutrix has also attained the marriageable age, as per her birth certificate, which has been annexed as annexure no. 6. Since, the parties have attained the marriageable age, therefore, they will get married. So as to verify the aforesaid fact, the presence of the prosecutrix would be required. List this matter on 5th March 2025. On that date, the SHO, P.S. Dalmau District Raebareli shall ensure the presence of the prosecutrix. Learned AGA shall intimate this order to the SHO concerned telephonically/ through E-mode/any convenient mode, for its compliance." In compliance of the aforesaid order, Sri Chandra Veer Singh, Sub-Inspector and Ms. Rakhi Rana, Female Constable of P.S. Dalmau District Raebareli have ensured the presence of the prosecutrix. The prosecutrix is present in court. She has stated that she was having cordial relation with the applicant and the applicant has not committed any offence with her. Her mother has lodged the FIR and levelled false allegation against the applicant. She has stated that she has yet not attained the marriageable age, therefore, at this stage she cannot marry with the accused-applicant, however, after attaining the marriageable age, she can take decision for her life. Learned counsel for the applicant has stated that the present applicant has been falsely implicated and he is having no prior criminal history of any kind whatsoevr. Further, the present applicant will marry with the prosecutrix at the earliest after approaching her family members and that marriage would be a social marriage. Charge sheet has been filed.The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties and also considering the statement of the prosecutrix; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Ankush, be released on bail in the aforesaid case crime 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 applicants fail 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. Order Date :- 5.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench