Neutral Citation No. - 2025:AHC-LKO:41058 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13030 of 2024 Applicant :- Rohit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Umesh Pratap Yadav,Rajendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Arun Verma, learned A.G.A. for the State. 2. No one has appeared on behalf of the opposite party No.4/ complainant despite service of notice. 3. As per learned counsel for the applicant, the present applicant is languishing in jail since 03.08.2024 in Case Crime No.228 of 2024, under Sections 363, 366, 376DA, 504, 506 IPC, Section 5/g, 6 of POCSO Act, and Section 3(1)(r), 3(1)(s), 3(2)(v), 3(2) (va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station- Lalganj, District- Pratapgarh. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has stated that though the present applicant is name in the FIR, but during course of investigation complicity of another accused person, namely, Ashok Kumar Yadav has been found but Ashok Kumar Yadav has filed Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.529/2025, wherein this Court vide order dated 15.05.2025 granted anticipatory bail. Learned counsel has stated that while recording her statement under Sections 161 & 164 Cr.P.C., the prosecutrix has levelled similar allegation against both the accused persons. Initially the FIR was lodged under Section 354 IPC but it was converted into Section 376DA IPC read with other sections of POCSO Act. Learned counsel further stated that the medical report has not corroborated the allegation of the FIR and role of the present applicant is identical to co-accused Ashok Kumar Yadav, who has been granted anticipatory bail, therefore, the present applicant may be released on bail. 5. The learned counsel for the applicant has further submitted that the applicant is having no criminal history of any kind whatsoever. He has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. Learned Additional Government Advocate has opposed the aforesaid bail but did not dispute the aforesaid contentions of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that Ashok Kumar Yadav, who has been granted anticipatory bail, medical report has not corroborated the allegation of the FIR; applicant is having no criminal history of any kind whatsoever and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Rohit Yadav), involved in 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 229-A of the Indian Penal Code. (iii) 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 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. (v) The applicant shall not leave the country without permission of the Court concerned. Order Date :- 17.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench