Neutral Citation No. - 2025:AHC-LKO:42004 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11922 of 2024 Applicant :- Ravi Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Pankaj Kumar Srivastava,Amit Kumar Singh,Krishna Kumar Verma,Sameer Kumar Upadhyay,Suresh Kumar Mishra,Sushil Kumar Verma,Virijendra Kumar Singh Counsel for Opposite Party :- G.A.,Jitendra Kumar,Prem Kumar Srivastava Hon'ble Rajesh Singh Chauhan,J. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Prem Kumar Srivastava, learned AGA for the State. The present applicant is in jail since 02.09.2024, in case crime no. 211 of 2024, under Sections 376 of IPC and 3/4 of POCSO Act at Police Station Jankipuram District Lucknow.. 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 First Information Report, wherein, the date of incident has been indicated as 14.04.2022, but the First Information Report has been lodged on 12.07.2024 to the application being filed under Section 156(3) of the CrPC on 24.06.2024 without explaining the inordinate delay in filing the application also. Learned counsel for the applicant has stated that the present applicant is in affairs with the prosecutrix and both have not attained the marriageable age. The applicant has stated that he is willing to get married with the prosecutrix. He has submitted that even if the prosecution story so narrated in the First Information Report is read carefully, the fact would be emerged that the relation of the present applicant with the prosecutrix is consensual in nature and he was giving her company without any protest, so far as the allegation of usurping the ornaments, etc are concerned are false and misconceived. The present applicant is a student of BBA and the educational documents have been annexed with the supplementary affidavit dated 03.07.2025, but on account of being languished in jail, he is not able to pursue his studies. The present applicant is having no criminal history of any kind whatsoever. If he released on jail, he shall cooperate in the trial proceedings as chargesheet has been filed and shall not misuse the liberty of bail. Learned AGA as well as the learned counsel for the informant have vehemently opposed the bail application but could not dispute the aforesaid fact. They have stated that the evidence of prosecutrix has already been recorded by the trial court and the statement of the mother of the prosecutrix has also been recorded, and next date is fixed for her cross examination. During trial proceedings, the accused applicant has agreed to return the jewellery/ornaments. 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 02.09.2024; the applicant is student of BBA; 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- Ravi Sharma, 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