Neutral Citation No. - 2025:AHC-LKO:25804 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12169 of 2024 Applicant :- Aijaz Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Abdul Rafique,Suyesh Pradhan,Vineet Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. As per order dated 22.11.2024 passed earlier by this Court, notice to opposite party no.2 has been indicated. However, no one has put in appearance on behalf of informant. 3. This first bail application has been filed with regard to Case Crime No. 364 of 2024 under Section 127(2) BNS and Section 5m/6 POCSO Act, P.S. Hargaon, District Sitapur. 4. As per contents of FIR, the incident is said to have taken place on 03.08.2024 at about 06:00 PM when the applicant allegedly sexually molested the minor son of informant. 5. Learned counsel for applicant submits that he has been falsely implicated in charges levelled against him only on account of previous enmity. He has drawn attention to the deposition of victim recorded as PW-1 and in cross- examination, the prosecution version has not been supported. It is submitted that applicant is under incarceration since 05.08.2024 without any previous criminal history. 6. Learned AGA appearing on behalf of State opposed the prayer for bail application with the submission that although the victim has not supported prosecution version in the cross- examination but has clearly supported the same in his statement under Sections 161 and 164 Cr.P.C. as well as in the examination-in-chief as PW-1. It is, however, admitted that applicant does not have any previous criminal history. 7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 8. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that the victim has not supported prosecution version in the cross-examination as PW-1 during trial. It also appears that evidence is ongoing and at this stage there is no occasion for applicant to tamper with evidence. Learned counsel on the basis of instruction undertakes that applicant would co-operate during the process of trial. 9. Considering the submissions of learned counsel for the parties, 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 fit case of bail. 10. Accordingly bail application is allowed. 11. Let applicant- Aijaz Ahmad involved in the 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 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 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 BNS. (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 BNSS. 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. Order Date :- 5.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench