Neutral Citation No. - 2025:AHC-LKO:39387 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5990 of 2025 Applicant :- Chhote Lal Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Amrit Kumar Tiwari, learned counsel for the applicant and Shri Rakesh Kumar Singh, learned A.G.A. for the State. 2. Learned A.G.A. has informed that notice has been given to opposite party no.2 on 29.05.2025 but no one has appeared on behalf of the opposite party no.2 nor any request for adjournment has been made, therefore, it appears that no one is willing to appear on behalf of the opposite party no.2. 3. It has been contended by learned counsel for the applicant that the present applicant is languishing in jail since 24.02.2024 in Special Session Trial No.450 of 2024 arising out of Case Crime No.66 of 2024 under Sections 376(1) & 506 of IPC and Section 5J(ii)/6 & 5N/6 of Protection of Children from Sexual Offences (POCSO) Act, Police Station Patti, District Pratapgarh. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel has further submitted that even as per prosecution story so narrated in the FIR, the incident in question took place seven months ago but no reason has been assigned as to why the prompt FIR has not been lodged. Further, attention has been drawn towards Annexure No.8, which is an evidence of P.W.-1/ prosecutrix recorded before the learned trial court as P.W.-1, wherein she has denied the prosecution story so far as the role of the present applicant is concerned. 5. Learned counsel for the applicant has stated that the offence in question has been committed by her brother-in-law (Jija) - Harish Chandra and the child born on account of misdeed being committed by her brother-in-law (Jija). She is willing to get the DNA Test conducted so as to ascertain the paternity of the child. In her statement before the learned trial court, she has stated that since her brother-in-law (Jija) - Harish Chandra threatened her for dire consequences, therefore, so as to say her brother-in-law, she implicated the present applicant. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed in this case. He undertakes on behalf of the present applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if so granted. 6. On the other hand, learned A.G.A. has informed that such DNA sample has been sent for examination and report is still awaited and he has opposed the prayer for bail of the present applicant and submits that he is not entitled for grant of bail. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the incident in question took place seven months ago but no reason has been assigned as to why the prompt FIR has not been lodged and the delay has not been explained; in her statement recorded before the learned trial court, she has denied the prosecution story so far as the role of the present applicant is concerned; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant- Chhote Lal Gautam, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being 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 IPC/269 of the B.N.S., 2023. (iii) 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 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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 313 Cr.P.C./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 10.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench