Neutral Citation No. - 2025:AHC-LKO:13419 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2004 of 2025 Applicant :- Dharmdev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Yugal Kishor Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Yugal Kishor Tripathi, learned counsel for the applicant and Sri Rajesh Kumar, learned A.G.A. for the State. 2. Sri Ram Suphal, Advocate has filed Vakalatnama on behalf of informant/complainant, the same is taken on record. 3. The complainant and prosecutrix both are present in the Court. 4. As per learned counsel for the applicant, the present applicant is languishing in jail since 29.04.2024 in Case Crime No.03/2023 of 2024, under Sections 363, 366, 376(3) IPC and Section 5J2/6 of POCSO Act, Police Station- Manikpur, District- Pratapgarh. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 5. Learned counsel for the applicant has stated that under bonafide impression to the effect that the prosecutrix has attained the marriageable age, both have got married since they were in relation. From the aforesaid wedlock, they have been blessed one baby girl, who is presently aged about one and half years. The prosecutrix has not levelled any allegation against the present applicant and presently she is living with the family members of the applicant. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. 6. The prosecutrix, who is present in the Court alongwith her baby girl has submitted that she is present living in the house of the present applicant alongwith her baby girl and she has not grievance against the present applicant or his family members. The complainant, namely, Devkali has also stated that her daughter has married with applicant- Dharmdev and presently living with the family members of the applicant and she has no grievance against the applicant. 7. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that when the incident took place, the prosecutrix was minor therefore, the FIR was lodged under various Sections of IPC as well as POCSO Act, wherein the trial is going on, therefore, any appropriate direction may be issued in the interest of the prosecutrix. On that, learned counsel for the applicant has stated that he shall look after the prosecutrix and his child properly and if, he is released on bail, he shall abide by all terms and conditions of bail, and shall not misuse the liberty of bail and shall also cooperate with the trial proceedings. 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the prosecutrix, who is present in the Court alongwith her baby girl has submitted that she is presently living in the house of the present applicant alongwith her baby girl and she has not grievance against the present applicant or his family members and the applicant shall look after the prosecutrix and his child properly and if, he is released on bail, he shall abide by all terms and conditions of bail, and shall not misuse the liberty of bail and shall also cooperate with the trial proceedings; the present applicant is having no prior criminal history of any kind whatsoever; without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Dharmdev), 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 :- 5.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench