Neutral Citation No. - 2025:AHC-LKO:38299 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9729 of 2024 Applicant :- Pradeep Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Learned AGA on the basis of instructions has informed that notices to the complainant are served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the applicant, who is a school van driver, is alleged to have sexually assaulted and harassed the victim in presence of her sister in the van. The victim is alleged to be 11 years old. Learned counsel for the applicant submits that the maximum sentence under the offence in which the applicant is charged, is up to 7 years. It is further submitted that the applicant has no previous criminal history and he is languishing in jail since 3.8.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, gravity of the offence and the sentence provided therein so also the fact that the applicant is languishing in jail since 3.8.2024 having no previous criminal history; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Pradeep Kumar Verma involved in Case Crime No. 283 of 2024, under Section 75 of BNS; Section 75 of Juvenile Justice (Care & Protection) Act, 2015; Section 9m, F/10 of POCSO Act; and Section 3(1)(w), 3(2)(va) of SC/ST Act, Police Station- Jaidpur, District- Barabanki, 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 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 of BNS. Order Date :- 7.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench