Neutral Citation No. - 2025:AHC-LKO:8939 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12618 of 2024 Applicant :- Yashveer Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Raghvendra Pratap Singh,Dharmendra Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0378 of 2024, under Section 64(1), 351(2) of BNS and Section 67 of Information Technology (Amendment) Act, 2008, Police Station Sarojini Nagar, District Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter due to ulterior motive. He submits that applicant is 19 years of age and the victim is 31 years of age and both came into contact through Whatsapp chat. He added that the FIR is belated by 22 days and no such offence has ever been committed by the applicant. He also added that the medical report does not support the prosecution story and he has shown other falsity in the same. He next submits that except apart the allegation of the victim, there is no other corroborating evidence and he added that the applicant himself has victimized and he was never involved in committing the offence. He also added that one Ritesh is also said to be there and considering the same, the State Counsel was directed to seek instructions. He submits that the applicant has never made the relation with the alleged victim and the relation of the victim would be with said Ritesh. He further submits that the chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would tamper the evidences. He also added that the applicant has no previous criminal history and he is a languishing in jail since 28.10.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings, thus submission is that the applicant may be enlarged on bail. Per contra, learned AGA for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing the offence and, as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the FIR has been lodged with delay of 22 days; the applicant is 19 years of age while victim is 31 years of age; medical report does not support the prosecution version; the applicant is himself victimized in the matter; one co-accused Ritesh, who was also in the scene, seems to be having relations with the victim; chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would tamper the evidences; the applicant has no previous criminal history and he is languishing in jail since 28.10.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels 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. Let the applicant-Yashveer Singh involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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; (3) 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.; and (4) 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. 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. 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. Order Date :- 11.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench