Neutral Citation No. - 2025:AHC-LKO:34265 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5056 of 2025 Applicant :- Satyam Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Vinay Kumar Singh,Azay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant and learned AGA for the State-respondent. By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.0117/2025, under Sections 65(1) B.N.S. and 5(L)/6 of POCSO Act, Police Station Dariyabad, District Barabanki. The submission of the learned counsel for the applicant is that the applicant has been falsely implicated by the informant and he is in languishing in jail since 16.04.2025. As per the prosecution, the FIR was lodged by the mother of the victim on 14.04.2025. It is further urged by the learned counsel for the applicant that the age of the victim apparently as per the version in the FIR itself was 18 years and there is no cause for invoking the provisions of the POCSO Act. It is also pointed out that there is no specific date and time of the occurrence of the offence is mentioned which create doubt upon the prosecution story. It is urged that the statement of the victim was recorded by the Investigating Officer in which the victim stated that she is 18 years of age. It is submitted that the victim was also medically examined on 15.04.2025 at CHC, Barabanki. In the said medical examination of the victim, no external injury was found. It is also urged that the statement of the victim was recorded under Section 183 BNSS. A perusal of the statements recorded under Sections 180 and 183 of BNSS, it indicates that there is huge contradiction. It is submitted that the applicant has no other criminal history. There is no chance of absconding or tampering with the evidence. Hence, it is prayed that the applicant may kindly be enlarged on bail Learned A.G.A., on the basis of material in the case diary available with him, has opposed the prayer for bail, however, could not dispute the aforesaid facts. Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Let the applicant Satyam Verma involved in the aforesaid FIR/Case Crime Number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties the following conditions shall be 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. 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.6.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench