Neutral Citation No. - 2025:AHC-LKO:40124 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11885 of 2024 Applicant :- Bahul Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Aditya Tiwari,Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ravindra Shukla, learned counsel for the applicant and Sri Nikhil Singh, learned AGA for the State. Despite service of notice upon the complainant, no one has appeared nor any request for adjournment of the case has been made. 2. As per learned counsel for the applicant, the present applicant is in jail since 29.06.2024 in Case Crime No.175 of 2024, under Section 376 IPC and Section 3/4 of POCSO Act, Police Station – Jamo, District – Amethi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the present applicant is the sole accused. After lodging the aforesaid FIR, statements of the prosecutrix were recorded under Section 161 & 164 Cr.P.C. wherein she has levelled specific allegation of rape against the present applicant. Learned counsel has drawn attention of this Court towards Annexures No.SA-1 and SA-2 of the supplementary affidavit dated 20.06.2025 showing the statement of the prosecutrix as PW-1 and statement of the fact witness/ real sister of the prosecutrix as PW-2; both the prosecutrix and her sister turned hostile and have not supported the prosecution version, rather the prosecutrix has stated that the impugned FIR was lodged on ill advice under the pressure of the villagers/ relatives. 4. Further submission of learned counsel for the applicant is that the present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that the prosecutrix (PW-1) and real sister of the prosecutrix (PW-2) turned hostile and have not supported the prosecution version, rather the prosecutrix has stated that the impugned FIR was lodged on ill advice under the pressure of the villagers/ relatives; the applicant is having no prior criminal history of any kind whatsoever 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Bahul Pasi 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. [Rajesh Singh Chauhan,J.] Order Date :- 14.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench