Neutral Citation No. - 2025:AHC-LKO:38228 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6256 of 2025 Applicant :- Neelesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Dileep Kumar Tiwari,Md.Khurshed Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard learned counsel for the applicant and learned AGA for the State. The present applicant is in jail since 03.02.2025, in case crime no. 466 of 2024, under Sections 127(3), 70(2), 351(3) of BNS and Sections 5G/5L/6 of the POCSO Act at Police Station Gauriganj District Amethi. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. At the very outset, attention has been drawn towards the statement of PW1 (Annexure No. 7), who is father of the prosecutrix and he has not supported the prosecution story before the learner trial court, rather has stated that the prosecution story is false, therefore, he has been declared hostile. Further attention has been drawn towards the statement of the prosecutrix, i.e., PW2 (Annexure No. 8), whereby she has also not supported the prosecution version rather has stated that the prosecution story is false so she has been declared hostile. Further similarly placed co-accused persons, namely, Shekhar Singh and Surjeet Singh @ Tufan Singh have been granted bail by this Court in Criminal Misc. Bail Application Nos. 6165 of 2025 and 6191 of 2025 vide order dated 03.07.2025 and 03.07.2025, respectively so on the principles of parity the present applicant may also be enlarged on bail. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA has stated that though both the prosecution witnesses have been turned hostile, but in the First Information Report, the specific allegation was levelled against the present applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 03.02.2025; Both PW1 and PW2 have turned hostile; similarly placed co-accused persons, namely, Shekhar Singh and Surjeet Singh @ Tufan Singh have been granted bail by this Court in Criminal Misc. Bail Application Nos. 6165 of 2025 and 6191 of 2025 vide order dated 03.07.2025 and 03.07.2025, respectively; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Neelesh Kumar, be released on bail in the aforesaid case crime number 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:- (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 of the Indian Penal Code. (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. is issued and the applicants fail 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 of the Indian Penal Code. (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. 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. (v) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 7.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench