Neutral Citation No. - 2025:AHC-LKO:19473 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1377 of 2025 Applicant :- Sandeep Tiwari @ Vishal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deprr. Of Home Lko And 3 Others Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State and perused the record. Despite notice, no one has put in appearance on behalf of opposite parties no.2, 3 & 4. 2. This first bail application has been filed with regard to Session Trial No.2520 of 2023, FIR/Case Crime No.69 of 2023, under Sections 363, 366 IPC and Section 16/17 of POCSO Act and Section 3(2)V S.C./S.T. Act, Police Station Bazarkhala, District Lucknow. 3. As per contents of FIR, the incident is said to have taken place on 19.05.2023 at about 11.00 A.M. when the applicant reportedly enticed away the minor daughter of informant. 4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that the victim herself has not corroborated allegations levelled in the FIR, the statement recorded under Sections 161, 164 Cr.P.C. nor even in the statement recorded during trial which is completely contrary to the allegations levelled. It is submitted that applicant is under incarceration since 02.07.2024 without any previous criminal history. 5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application but does not dispute the aforesaid facts. 6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 7. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record, it appears that during the course of trial or even before that the victim in herself statements recorded under Sections 161 and 164 Cr.P.C. and during the course of trial has not supported the prosecution version. Applicant is under incarceration since 02.07.2024 without any previous criminal history. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. 9. Accordingly bail application is allowed. 10. Let applicant, Sandeep Tiwari @ Vishal, involved in the 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. 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. Order Date :- 7.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench