Neutral Citation No. - 2025:AHC-LKO:3548 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5366 of 2024 Applicant :- Vidhya Sagar Kushwaha @ Vidhya Sagar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And 3 Others Counsel for Applicant :- Archana Rawat,Rahul Kumar Kaushal Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Archana Rawat, learned counsel for the applicant and Sri Raj Vijay Singh, learned A.G.A. for the State. 2. No one has appeared on behalf of opposite party No. 2. 3. This is the second bail application filed by the applicant. The first bail application has been rejected by Hon'ble Karunesh Singh Pawar, J. vide order dated 04.01.2024 passed in Criminal Misc. Bail Application No. 5879 of 2023 (Vidhya Sagar Kushwaha Vs. State of U. P. and 3 Others). The Hon'ble Judge has released the aforesaid bail application. Hence, this bail application has been listed before the regular Court. 4. Learned counsel for the applicant has submitted that the present applicant is in jail since 19.10.2022 in S.T. No. 699/2023, arising out of FIR/ Case Crime No. 666/2022, under Sections 376 IPC & Section 3/4 POCSO Act, Police Station- Gomti Nagar, District- Lucknow. 5. Learned counsel for the applicant is pressing this bail application mainly on the ground that all the fact witnesses have been examined in the present case. One expert witness i.e. Doctor as well as Sub-Inspector concerned and the FIR writer have also been examined. As a matter of fact, PW-1 to 4 have been examined and as per trial status report dated 02.12.2024, the FIR writer was to be cross-examined on 10.12.2024. She has also stated that PW-5 might have been examined on the next date. She has further stated that the applicant is also a young boy and he was in consensual relationship with the victim/ prosecutrix. She has stated that considering the period of incarceration of the applicant and the fact that all the fact witnesses as well as some formal witnesses have been examined, the applicant may be enlarged on bail. 6. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate 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. She prays that the applicant may be enlarged on bail. 7. Learned A.G.A. has, however, opposed the prayer for bail by submitting that this is a case where the applicant would be convicted by the learned Trial Court inasmuch as the statements of the victim/ prosecutrix recorded under Section 161 & 164 CrPC are intact. The medical examination report of the victim/ prosecutrix is also supporting the prosecution version, therefore, this bail application may be rejected. 8. Therefore, without entering into merits of the issue, considering the submissions of learned counsel for the parties; contents and allegations of the FIR and the fact that the applicant is in jail since 19.10.2022; all the fact witnesses have been examined; some expert and formal witnesses have also been examined and considering the undertaking of the applicant that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant- Vidhya Sagar Kushwaha @ Vidhya Sagar 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 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 India without previous permission of the court. 11. Before parting with, learned Trial Court is directed to conduct and conclude the trial expeditiously and no unnecessary adjournment shall be granted to any of the parties. (Rajesh Singh Chauhan,J.) Order Date :- 20.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench