Neutral Citation No. - 2025:AHC-LKO:34273 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5057 of 2025 Applicant :- Sultan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Alok Pandey,R.U. Pandey,Shashank Singh Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant and learned AGA for the State-respondent. The instant application has been moved seeking bail in respect of Case Crime No.0072 of 2025, under Sections 76, 351(3), 62, 64, 18 BNS, 3(1)(Da), 3(1)(dha), 3(2)(va) S.C/S.T Act and 7/8 POCSO Act, Police Station Jagdishpur, District Amethi during trial. The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case. It is further submitted that as per the version contained in the FIR, it is alleged that in the night of 14.03.2025 while all the persons in the victim's family were sleeping, the applicant tried to misbehave with the victim who was sleeping on the terrace. She raised an alarm and in furtherance thereof, mother of the victim came to the terrace. It is alleged that the mother of the victim saw the applicant misbehaving with the victim, when she reprimanded her he pushed the mother of the victim who fainted and the applicant leaving behind his mobile and slippers fled away. It is further indicated in the FIR that when she got conscious she found that victim had ran away and hid in the agricultural field from where she could only be traced in the morning and thereafter the FIR was lodged on 15.03.2025. It is urged that in so far as the averments in the FIR are concerned, they are quite at variance with the statement given by the mother of the victim. Even the statement of the victim does not support the manner in which the averments have been made in the FIR. Apart from the fact that she in her own statement indicated her age as 18 years. It is also pointed out certain articles i.e. mobile and footwear of the applicant was at the site when he fled however, no such recovery has been made. Charge sheet has been filed on 14.04.2025 and the applicant is in jail since 18.03.2025. It is further urged that since the evidence have been collected and the chargesheet has been filed there is no likelihood of the applicant either to influence any witness or tamper with the evidence coupled with the fact that invocation of the provisions of the SC/ST Act are apparently not made out as there is no material statement either in the FIR or in the statement of the victim and the mother that any such words were used which would invoke provisions of SC/ST Act. Since the age of the victim is 18 years, consequently, the provisions of POCSO Act also have been invoked only to give gravity to the FIR, however, the case is not made out. It is also urged that the applicant has no criminal history and has been in jail since 18.03.2025. 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. Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts. Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also 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. Accordingly, the instant bail application is allowed. Accordingly, the instant bail application is allowed. Let the applicant-Sultan involved in the above-mentioned case crime 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) 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) 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. (v) 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 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench