Neutral Citation No. - 2025:AHC-LKO:42398 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11604 of 2024 Applicant :- Ashok Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad,Abhishek Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Abhishek Singh, learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 5.8.2024 in Case Crime No. 140 of 2024 u/s 137(2), 69 of BNS, 2023 and section 3/4 of the Protection of Children from Sexual offences Act, 2012, P.S. Sammanpur, District Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards impugned F.I.R. wherein none has been named as the F.I.R has been lodged against the unknown persons. During the course of investigation name of present applicant has surfaced and he has been implicated. Thereafter charge-sheet has been filed against him. 4. Sri Abhishek Singh, learned counsel for the applicant has drawn attention of this Court towards Annexure No. R.A.-1 to the Rejoinder Affidavit dated 17.12.2024 showing the evidence, examination and cross- examination of P.Ws. 1,2 and 3. Sri Singh has informed that the prosecutrix is P.W.-2, P.W.-1 is informant and P.W.-3 is the brother of the prosecutrix. It has been stated that the star witness victim P.W.-2 and her brother P.W.-3 have turned hostile. P.W.-1 has, however, not turned hostile rather supported the prosecution version but has stated that he has lodged the F.I.R. and recorded his statement on the basis of information so received from his daughter, therefore, Sri Singh has stated that when his daughter (prosecutrix) has turned hostile then the evidentiary value of the statement of the complainant looses its efficacy though this fact may be ascertained during the course of trial. The applicant is having no prior criminal history of any kind whatsoever. 5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. 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. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the star witness i.e. the victim P.W.-2 and her brother P.W.-3 have turned hostile, P.W.-1 has, however, not turned hostile rather supported the prosecution version but has stated that he has lodged the F.I.R. and recorded his statement on the basis of information so received from his daughter, when the prosecutrix has turned hostile then the evidentiary value of the statement of the complainant looses its efficacy, applicant is having no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Ashok Kumar Yadav, involved in aforesaid case crime 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 shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 351 of 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 23.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench