Neutral Citation No. - 2025:AHC-LKO:35454 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5176 of 2025 Applicant :- Chandan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Mohd. Shahid Akhtar,Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.23 of 2024, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act Police Station Machhereta, District Sitapur. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case as the victim herself has made a call to the applicant and on her request the applicant visited at the place informed by the victim and she insisted to go with the applicant. Thereafter, on the basis of incorrect facts FIR of case in question was lodged against the applicant. During the course of investigation statement of the victim was recorded under Sections 161, 164 Cr.P.C. wherein she categorically stated that she left her house and she went to her elder sister house on 11.01.2024 and as she was being victimized by in-laws of her sister so she called the applicant and went with him to Lucknow and thereafter to Haryana and thereafter she also solemnized marriage with the applicant, but the statement of the victim was not considered by the Investigating Officer and charge sheet was submitted. He further submitted that there is no possibility of tampering of any evidence. The applicant is ready to co-operate in the investigation. He lastly submits that the applicant is in jail since 05.12.2024 and trial is not going on and he does not have any criminal history, therefore be enlarged on bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for bail but he does not dispute the fact that in statement of victim recorded under Section 161 and 164 Cr.P.C. she stated that on her call applicant visited the place which was informed by her and thereafter she joined the company of the applicant. Learned AGA also placed before this Court notice duly signed by Sub Inspector Naseer Khan of Police Station Machhereta, District Sitapur that the information is already given to the complainant but no one is present therefore case is being decided with the assistance of learned counsel for applicant and learned AGA. The said notice is taken on record. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, and also considering the statement of the victim recorded under Sections 161, 164 Cr.P.C. wherein the victim admitted that on her call the applicant visited her and thereafter she joined the company of the applicant, therefore, I find it as a fit case for bail of the applicant and I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Chandan be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the Court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Rajeev Singh, J.) Order Date :- 11.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench