Neutral Citation No. - 2025:AHC-LKO:34276 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5059 of 2025 Applicant :- Arvind Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Vinod Kumar,Ajeet Kumar 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. 130 of 2025, under Sections 64(1), 351(2) B.N.S & Section 3/4 POCSO Act, Police Station Reusa, District Sitapur 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 has also been informed that the notice of the aforesaid case has been served through police concerned on 19.05.2025 on the family of the victim. As per the allegations in the FIR which was lodged on 25.03.2025 relating to an incident which occurred on 24.03.2025, it is stated that the victim is of 16 years old girl had gone to relieve herself where the applicant who in intoxicated state had teased the victim and thereafter also forcibly tried to undress her. The victim had raised an alarm and thereafter the applicant fled from the site. It is stated that the statement of the victim, a copy of which has been brought on record as Annexure no.3 if seen is quite at variance with the alleged injuries which have been shown in Annexure no.4 as well as per the report of medico legal examination. The statement of the victim in terms of Section 183 BNSS has also been brought on record as Annexure no.5 and it clearly changes the entire complexion of the statement. Certain averments made in her statement under Section 183 BNSS was neither part of statement nor as indicated in the FIR. It is also urged that the applicant has no criminal history and has been in jail since 28.03.2025. 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. Let the applicant- Arvind 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 269 of Bharatiya Nayay Sanhita, 2023 (BNS). (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS). (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 351 of Bharatiya Nayay Sanhita, 2023 (BNS). 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