Neutral Citation No. - 2025:AHC-LKO:45 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10328 of 2024 Applicant :- Anil Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 4 Others Counsel for Applicant :- Dinesh Kumar Ayra Counsel for Opposite Party :- G.A.,Rakesh Kumar Mishra,Shri Prakash Pandey Hon'ble Rajeev Singh,J. 1. Case is called out. 2. No one has put in appearance on behalf of the complainant. 3. It is evident from the order sheet that on 12.12.2024 order was passed by this Court that in case complainant failed to assist the Court, then matter shall proceed in his absence. 4. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 5. The present bail application has been filed on behalf of the applicant in Case Crime No.0211 of 2023, under Sections 354D, 506 I.P.C., Section 7/8 POCSO Act, Section 67 I.T. Act, Police Station - Sirsiya, District - Shrawasti, with the prayer to enlarge him on bail. 6. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 30.8.2024. He further submits that alleged photographs was captured with the consent of the victim and there is no indecency in the photo captured by the applicant. He further submits that charge sheet has been filed by the Investigating OfÏcer in the most mechanical manner and applicant does not have any criminal antecedent. He further submits that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. oppose the prayer for grant of bail, but he does not dispute this fact that in the alleged photo there is no indecency. 8. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 9. Let applicant - Anil Kumar Verma - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 ofÏcer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 sufÏcient cause, the Trial Court may proceed against him under Section 229-A IPC. (v) 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., may be issued and if 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 sufÏcient 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 2.1.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench