Neutral Citation No. - 2025:AHC-LKO:34277 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5060 of 2025 Applicant :- Golu @ Satyam @ Paritosh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Applicant :- Abdul Samad,Divya Singh,Sunil Sharma 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.0005 of 2025, under Sections U/s-137(2), 87, 64(1) BNS & 5/6 POCSO Act, Police Station Lalganj, District Raebareli 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 and is in jail since 10.04.2025. It has also been pointed out by the learned AGA that the notice of the aforesaid bail application has been served on the family of the victim. Learned counsel for the applicant states that as per the averments contained in the FIR, it is alleged that the present applicant had enticed the complainant's daughter on 03.01.2025 at around 6 p.m. It is urged that the father of the victim is said to have recovered the victim and informed the same to the police on 08.04.2025. It is further submitted that there is nothing to indicate as to how and when the victim was recovered by the father. Apparently, it is an admitted case of the prosecution as indicated in the statement of the father of the victim that the applicant is remotely related to the family. The averments in the statement of the victim, a copy of which has been brought on record as Annexure-3 would indicate that the victim was 17 years of age and on her own volition she had gone with the applicant. It is in the aforesaid circumstances, it is urged that the alleged offence are not made out by the applicant. It was the applicant and the victim who were in a romantic relationship and they had been living together and the allegations levelled against the applicant are not made out apart from the fact that the applicant has no criminal history and is only 19 years of age and has a future ahead of him. It is also stated that the victim is also 17 years of age and yet incorrect facts have been indicated only to give gravity to the FIR where the provision of POCSO Act also invoked and in such circumstances, the applicant deserves to be enlarged on bail. It is also urged that the applicant has no criminal history. Charge sheet has been filed on 30.04.2025 and in such circumstances, there is no likelihood of the applicant to either tamper with the evidence or influence any witness. 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-Golu @ Satyam @ Paritosh 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