Neutral Citation No. - 2025:AHC-LKO:35755 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5310 of 2025 Applicant :- Sachin Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.223 of 2024, under Sections 137(2), 87, 65(2) B.N.S. and Section 3/4 POCSO Act, Police Station Aaspur Devsara, District Pratapgarh, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case. He further submitted that the parents of the victim were insisting for her marriage to someone else but she was willing to enter into the marriage with the applicant and she also stated that to her parents about her willingness but she was scolded as well as beaten. She left her house on her own and joined the company of the applicant and due to annoyance, the present F.I.R. has been lodged on the basis of concocted facts. During the course of investigation, the victim was recovered and her statement under Sections 180 & 183 B.N.S.S. was recorded, in which, she categorically denied the prosecution version and categorically stated that her parents were forcing her to enter into the marriage with someone else, then she left her house but her statement was not considered by the Investigating Officer and submitted charge sheet in a most casual manner. He further submitted that the applicant is languishing in jail since 05.10.2024 and still today, only P.W. 1 has been examined. He further submitted that charge sheet has already been filed and there is no possibility of tampering of evidences. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for grant of bail and submitted that the victim is a minor girl but he does not dispute this fact that the victim has not supported the prosecution version in her statement recorded under Section 180 & 183 B.N.S.S. He further submitted that the charge-sheet has already been filed after collecting sufficient evidences, therefore, the applicant is not entitled to be released on bail. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., and other relevant documents. As in the statement of victim, she stated that her family members were insisting for her marriage to someone else but she was willing to solemnize her marriage with the applicant and this fact was also stated to her family members, as a result, she was beaten and scolded, therefore she left her house and joined the company of the applicant. In these circumstances, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Sachin Gautam - 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./269 B.N.S. (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.,/84 B.N.S.S. 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./209 B.N.S. (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./351 B.N.S.S. 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. Order Date :- 18.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench