HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6211 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. None appears for the complainant although notice is served. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.364 of 2021, under Section 376AB of IPC and Sections 5(M)/6 of POCSO Act, P.S. Neemgaon, District Lakhimpurkheri. 4. In the prosecution case it is alleged that in absence of the informant on 20.11.2021 minor daughter of the informant was taken away by the accused in a sugarcane field and it is alleged that accused tried to rape her. 5. Learned counsel for the applicant submits that complainant and victim both have been examined. Victim has not supported the prosecution case. He has been declared hostile. He submits that there is no chance of tampering the evidence. No corroborative material has been found in the medico legal examination of the victim. Applicant has no criminal history. He submits that the applicant is in jail since 21.11.2021. 6. Learned A.G.A. has opposed the bail prayer. 7. On due consideration to the submissions advanced, perusal of the Versus Counsel for Applicant(s) : Sumit Chauhan, Ashutosh Srivastava Counsel for Opposite Party(s) : G.A. Pradeep .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) record as also the fact that the applicant is languishing in jail since 21.11.2021 having no criminal history, till date only three prosecution witness have been examined, trial has yet not concluded, victim has turned hostile and there no chance of tampering the prosecution evidence so also the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Pradeep be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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 of the Indian Panel Code (now Section 269 of BNS). (vi) 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 BAIL No. 6211 of 2025 2 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 of the Indian Panel Code (now Section 209 BNS). September 4, 2025 Saurabh Yadav/- BAIL No. 6211 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench