Neutral Citation No. - 2025:AHC-LKO:23879 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1830 of 2025 Applicant :- Babloo Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- R.N. Shukla,Kuldeep Dubey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. From perusal of the ordersheet, it transpires that the notice was issued to the complainant and that has been served but no one is present on behalf of the complainant. In the aforesaid circumstances, the Court is proceeding in this case. Rejoinder affidavit filed today by learned Counsel for applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 328 of 2024, under Sections 96, 137(2), 352 of BNS and Sections 5(L)/6 and Section 16/17 of POCSO Act, Police Station Masauli, District Barabanki. Contention of learned counsel for the applicant is that he is innocent and he has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant was never involved in committing the offence. He submits that the allegation is that the applicant went with the victim to the place of occurrence and the main allegation is against one Suraj, with whom the alleged victim knew prior to the present incident. He submits that the motive is missing in this matter and the false and concocted story is narrated, wherein the applicant has been implicated. He also submits that the police could not collect the cogent piece of evidence against him and chargesheet has been filed, as such there is no possibility that the applicant would tamper the evidences or threaten the witnesses. He also submits that the applicant has no previous criminal history and is languishing in jail since 02.09.2024 and undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the offence and as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that allegation against the applicant is that he went with the victim at the place of occurrence but the main allegation against one Suraj with whom the victim had also known prior to the present incident; the motive in the matter is missing and there is no cogent piece of evidence against the applicant to connect in the crime; chargesheet has been filed, therefore, there is no possibility of tampering the evidences or threatening the witnesses by the applicant; the applicant has no previous criminal history and he is languishing in jail since 02.09.2024, coupled with the fact that he has undertaken that that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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 fit case of bail. Let the applicant- Babloo Ram involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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; (3) 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.; and (4) 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. 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. 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. Order Date :- 25.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench