Neutral Citation No. - 2025:AHC-LKO:28985 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12646 of 2024 Applicant :- Anurag Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Rahul Srivastava,Piyush Mishra,Subham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Sri Piyush Mishra,learned counsel for the applicant, Sri Girijesh Dwivedi,learned A.G.A. 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. 56 of 2024, under sections 376, 420, 323, 506,120-B of the I.P.C. and section 3/4 of the POCSO Act, Police Station-Jahangeerganj, District-Ambedkar Nagar. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that the main allegation is against co-accused,Golu @ Martand Yadav, who has already been enlarged on bail by this court vide order dated 04-03-2025 passed in Criminal Misc. Bail Application No. 12848 of 2024. He further argued that the statement of the victim i.e. P.W.-1, has been recorded before the learned trial court on 25-10-2024, wherein she did not support the version of the prosecution and the learned trial court has declared her hostile. He added that the victim has stated before the trial court that the statement recorded under section 164 of the Cr.P.C. was deposed under the duress of the police and added that another witness i.e. the sister of the victim was also produced before the learned trial court, wherein, she has also not supported the version of the prosecution. Further submission is that the applicant is a law abiding citizen and he is languishing in jail since 10-06- 2024 and there is no criminal history of the applicant as is explained in paragraph no. 31 of the bail application. He submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Therefore, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid, but, he could not dispute the fact that the victim and another prosecution witness i.e. the sister of the victim, have been declared hostile as they did not support the version of the prosecution. Further he has also failed to dispute the fact that the identically situated co-accused named above, has already been enlarged on bail by this court. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 10-06-2024; there is no previous criminal history of the applicant as has been explained in paragraph 31 of the bail application; the main accused Golu @ Martand Yadav, has already been enlarged on bail coupled with the fact that. the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 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 fit case of bail. Let the applicant-Anurag Yadav,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 :- 16.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench