Neutral Citation No. - 2025:AHC-LKO:41206 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12365 of 2024 Applicant :- Akash Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Sandeep Kumar Pal,Desh Deepak Singh,Gauri Suwan Pandey,Vivek Kumar Yadav Counsel for Opposite Party :- G.A.,Charu Singh,Rehan Ahmad Siddiqui,Trideep Narayan Pandey Hon'ble Karunesh Singh Pawar,J. No one is present for the complainant. On the previous several occasions, this case has been adjourned at the instance of learned counsel for the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the wife of the complainant along with two children has started living with the applicant in Shyam Vihar Colony, B.K.T., Lucknow. It is further alleged that the minor daughter of the complainant aged about 10 years has been molested by the applicant by showing obscene videos to her. The incident is of two months ago. Learned counsel for the applicant submits that the maximum sentence provided under Section 9/10 of POCSO Act is 7 years. The victim has been examined before the trial court. There is no chance of tampering with the evidence. No recovery of any video or mobile has been effected by the prosecution. The applicant has been falsely implicated at the instance of the previous husband of his wife. The applicant is the second husband of the mother of the victim. It is next submitted that during cross examination, the victim has not made any allegation against the applicant. There is lack of corroborative medical evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 1.10.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the victim so also the fact that the applicant has no criminal history and he is languishing in jail since 1.10.2024; the maximum punishment provided under the offence in which the applicant is charged, is up to 7 years; the victim has been examined before the trial court and there appears no chance of tampering with the evidence and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Akash Gautam involved in Case Crime No. 280 of 2024, under Sections 75(1)(i), 75(1)(iii), 79, 351(2) of B.N.S. & Sections 9M/10, 11(iii), 12 of POCSO Act, Police Station- Bakshi Ka Talab, District- Lucknow, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 officer or tamper with the evidence. (iv) 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 of B.N.S. Order Date :- 18.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench