Neutral Citation No. - 2025:AHC-LKO:36132 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5576 of 2025 Applicant :- Hashim Shah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Mohammad Azam Siddiqui,Shahnaz Fatima Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned A.G.A. has informed that notice has already been served on the complainant by the Investigating Officer. 3. As no one is present for complainant despite notice given by the Investigating Officer, therefore, the bail application is being decided with the assistance of learned counsel for the applicant and learned A.G.A. 4. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.0090 of 2025, under Sections 64, 70(2) B.N.S. and Section 5G/6 POCSO Act, Police Station- Majhila, District- Hardoi. 5. Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. She submits that during course of investigation, the statement of victim was recorded under Sections 180 & 183 of B.N.S.S. and in her statement she stated that she visited the house of co- accused - Ramjee and her grandmother (Nani) and grandmother of Ramjee provided cold drink to her. He further submits that no specific allegation is against the present applicant and even the co-accused - Ramjee, who has been assigned main role, has already been enlarged on bail in Criminal Misc. Bail Application No. 5217 of 2025 vide order dated 13.06.2025 and he is seeking parity to the same. He next submits that the applicant is a law abiding citizen and he is languishing in jail since 21.04.2025 and there is no previous criminal history of the applicant. Thus, submission is that he may be enlarged on bail. 6. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief but he could not dispute the fact that the co-accused - Ramjee has already been enlarged on bail. 7. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 21.04.2025; prima facie, the statement of victim was recorded under Sections 180 & 183 of B.N.S.S. and in her statement she stated that she visited the house of co-accused - Ramjee and her grandmother and grandmother of Ramjee provided cold drink to her; there is no specific allegation against the present applicant and even the co-accused - Ramjee, who has main role has already been enlarged on bail; there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 8. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 9. Let the applicant- Hashim Shah involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 (Now Section 269 BNS); (3) 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. (Now Section 351 BNSS); and (4) 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. (Now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (Now Section 209 BNS). The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 23.6.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench