Neutral Citation No. - 2025:AHC-LKO:14519 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1693 of 2025 Applicant :- Anand Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Arpit Verma,Atul Krishna,Praveen Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard. 2. This Court has passed order dated 24.02.2025, which reads as under:- "Heard Sri Praveen Kumar Yadav and Atul Krishna, learned counsel for the applicant and Sri Anand Pratap Singh, learned AGA for the State. Learned AGA has informed that notice has been given to opposite party No.2 but no one has put in appearance on his/her behalf. The present applicant is in jail since 19.11.2024 in Case Crime No. 223/2024 under Sections 137(2), 87, 64 of B.N.S., 2023 and Section 3/4 POCSO Act, Police Station- Hanswar, District Ambedkar Nagar. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. Attention has been drawn towards Annexure-9, which is a statement of prosecutrix under Section 183 B.N.S.S., wherein she has not levelled any allegation against the present applicant, rather has stated that she had left her home solely to approach the present applicant. She herself had gone to Baskhari and Allahabad. From Allahabad she went to Nasik and called the present applicant saying him that if he does not marry with her, she will commit suicide. On her call the present applicant reached to Nasik where both have got married and started living in one hostel where they established physical relation, therefore, learned counsel has stated that the present applicant has not instigated the prosecutrix to leave her home, rather the prosecutrix has done the aforesaid act solely. Learned counsel for the applicant has further stated that though the applicant has not attained the marriageable age and the prosecutrix has also not attained the marriageable age, but as soon as they attained the marriageable age, they will marry. So as to verify the aforesaid information, the presence of the prosecutrix and complainant would be required in the Court. List this case on 10th March, 2025. On that date the S.H.O. Police Station Hanswar, District Ambedkar Nagar shall ensure the presence of informant and prosecutrix. Learned AGA shall intimate this Court to S.H.O. concerned for its compliance." 3. In compliance of aforesaid order, Sri Pradeep Kumar Gupta- Sub Inspector and Mrs. Akansha Pandey, Constable, Police Station Hanswar, District Ambedkar Nagar have ensured the presence of prosecutrix and informant, as they are present in the Court. 4. The prosecutrix 'X' has stated that she has no grievance against the present applicant, therefore, she has not levelled any allegation against him. However, she has not attained the marriageable age, therefore, any proper decision would be taken when she attains the marriageable age. 5. The informant, who is father of the prosecutrix has stated that since the applicant has committed offence, therefore, he has lodged FIR. Learned AGA has also stated that since FIR has been lodged and chargesheet has been filed, therefore, any direction may be issued in the interest of prosecution. 6. Having heard the learned counsel for the parties and having perused the material available on record as well as considering the statement of the prosecutrix, I find it appropriate that the present applicant may released on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant (Anand) 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. Order Date :- 10.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench