Neutral Citation No. - 2025:AHC-LKO:34579 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4042 of 2025 Applicant :- Arif Khan Opposite Party :- State Of U.P. Thru. Secy. Home And 3 Others Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Notice to the complainant is served, however, none responds for the complainant. 2.Earlier first information report was registered under Sections 87, 64 BNSS, 3/4 POCSO Act. The applicant was enlarged on bail vide order dated 5.4.2025 passed in Bail No.2873 of 2025. It is submitted that after the applicant was enlarged on bail, two sections 5L/6 POCSO Act and 3(2)5 of SC/ST Act have been added. 3.Learned counsel for the applicant submits that the SC/St Act has been invoked only on the ground that the victim belongs to scheduled caste category. There is no allegation in the prosecution case that the applicant has committed any act which may attract offence under SC/ST Act. The applicant is in jail since 10.2.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that admittedly, the victim was 20 years and 7 months old on the date of lodging of first information report as per date of birth certificate of the victim, the medical report does not show that any force has been applied on the victim or there is any mark of injury, statement of the victim under sections 180 and 183 BNSS, manner in which the SC/ST Act as well as sections 5L/6 of POCSO Act have been invoked, applicant has no criminal history, arguments advanced by learned counsel for the parties, charge sheet has been filed, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Arif Khan, involved in Case Crime No.59 of 2025 under sections 5L/6 of POCSO Act, 3(2)5 of SC/ST Act, P.S. Laharpur, district Sitapur 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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. (vi) 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. 7.The application is allowed accordingly. Order Date :- 4.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench