Neutral Citation No. - 2025:AHC-LKO:394 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11930 of 2024 Applicant :- Atul Tiwari Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Counter afÏdavit filed by the learned A.G.A. is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. It is evident from the record that notice has already been served on the private respondent no. 2, but none has put in appearance on her behalf and, therefore, the matter is hereby decided with the assistance of learned counsel for the applicant and learned A.G.A. 3. The present bail application has been filed by the applicant in F.I.R. No. 265 of 2024, under Sections 74, 352, 351(2) of B.N.S., Sections 3(1)(da), 3(1)(dha), 3(1)(w)(i), 3(2)(va) of SC/ST Act and Section 7/8 of POCSO Act, Police Station Kotwali Dehat, District Sitapur with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that earlier one F.I.R. bearing Case Crime No. 874 of 2017, under Sections 147, 148, 149, 307, 336, 504, 506 I.P.C., P.S. Kotwali, District Sitapur was lodged by the nephew of the applicant against the father of the complainant of the present case, in which, charge sheet was filed and the trial is also going on. Submission of the learned counsel for the applicant is that only with the intention to make pressure on the applicant and other family members, the present F.I.R. No. 265 of 2024 has been lodged on the basis of concocted facts. It is also submitted that the Investigating OfÏcer submitted the charge sheet in mechanical manner. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant is in jail since 27.09.2024. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that earlier F.I.R. No. 874 of 2017 was lodged by the nephew of the applicant against the father of the complainant of the present case. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., application as well as other relevant documents, including the contents of the F.I.R. No. 874 of 2017, it is evident that in the F.I.R. bearing Case Crime No. 874 of 2017 was lodged by the nephew of the applicant against the father of the complainant of the present case, in which, charge sheet has also been filed by the Investigating OfÏcer. In such circumstances, I am of the view that the applicant is entitled to be released on bail. 7. Application stands allowed. 8. Let applicant -Atul Tiwari be released on bail in F.I.R. No. 265 of 2024, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229- A IPC. (v) 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. may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient 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. 9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 3.1.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench