Neutral Citation No. - 2025:AHC-LKO:36437 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12557 of 2024 Applicant :- Nitesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Chandra Shekhar Singh Yadav,Renu Devi,Sanat Singh,Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant, Nitesh with a prayer to release him on bail during the trial in Case Crime No.542 of 2024, under Sections 351(3), 65(1), 333 I.P.C. and Sections 5(I)/6 POCSO Act, Police Station Dewa, District Barabanki. 4. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the statement of the victim appended as page No.19 is evident that the First Information Report has been lodged, once 30–40 liters of peppermint oil was not given to the brother-in-law of the victim. He added that this statement itself demolishes the whole story of the prosecution and the matter would not lead to the punishment. Further submission is that there is no other cogent piece of evidence except some part of the statement of the victim, and the story is materially doubtful. He also added that the applicant is a law- abiding citizen and has no previous criminal history and is languishing in jail since 15.08.2024, and there is no possibility of conclusion of trial in near future. Therefore, he prays that the applicant may be enlarged on bail. In case the applicant is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State has vehemently opposed the prayer made by learned counsel for the applicant. However, he could not dispute the other factual submissions advanced by learned counsel for the applicant. 6. Having heard the learned counsel for the parties and after perusal of record, it appears that the applicant has no previous criminal history and is languishing in jail since 15.08.2024 and there is no possibility of conclusion of trial in near future and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 7. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 8. Let the applicant, Nitesh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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. He 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; (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 Cr.P.C.; and (iv) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 9. 9. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 10. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh, J.] Order Date :- 25.6.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench