Neutral Citation No. - 2025:AHC-LKO:41987 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10914 of 2024 Applicant :- Ram Kumar Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Manoj Sahu Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Manoj Sahu, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA. Despite the service of notice upon the opposite party no. 2, no one has appeared nor any request of adjournment is there. Sri Shahu has informed that this case has been assigned to him from legal aid of High Court Services Authority. The present applicant is in jail since 13.09.2022, in case crime no. 188 of 2022, under Sections 363, 366 and 376 of IPC and Section 3/4 of the POCSO Act at Police Station Manikpur District Pratapgarh. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the date of incident has been indicated as 19.06.2022, but the FIR has been lodged on 29.06.2022, without explaining the inordinate delay of 10 days. As a matter of fact, the prosecutrix has got married with the present applicant. The present applicant is not named in the First Information Report, however, during the course of investigation, he has been implicated for the reason that he eloped the prosecutrix. Attention has been drawn towards the statement of the prosecutrix recorded under Section 161 CrPC, wherein, the prosecutrix categorically stated that she had willingly gone with the present applicant to Gujarat on 25.07.2022, where they got married and started living as husband and wife, they lived there till 03.09.2022. Thereafter, they came to their own place and she is willing to live with the present applicant lifelong. However, while recording her statement under Section 164 CrPC, she did not levelled any allegation against the present applicant and has agreed that she was living with the applicant at Gujarat, but now she is willing to live with her parents. Learned counsel has stated that if the allegation of rape is there, medical examination is must.The learned counsel has further submitted that if the applicant is released on bail, he 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 opposed the prayer for bail by submitting that at the time of lodging of the First Information Report, the prosecutrix had not attained the marriageable age. Therefore the FIR was lodged under various Sections of IPC and POCSO Act. 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 13.09.2022; 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- Ram Kumar Saroj, 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/ 269 of the B.N.S., 2023. (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./ 84 of the B.N.S.S., 2023 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 174-A of the Indian Penal Code/ 208 of the B.N.S., 2023. (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./ 351 of the B.N.S.S., 2023. 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) The applicant shall not leave India without previous permission of the court. Order Date :- 22.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench