Neutral Citation No. - 2025:AHC-LKO:40374 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13104 of 2024 Applicant :- Tauheed Quraishi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shahid Raza Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. None appears for the complainant although notices are served to the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.196 of 2024, under Sections 147, 386, 377, 427, 506 I.P.C. and Sections 5/6 of the POCSO Act, P.S. Aliganj, District Ambedkar Nagar. In the F.I.R. it is alleged that the applicant is exploiting the victim aged about 18 years for the last three years. Obscene video of the victim has also been made by applicant. It is further alleged that applicant is blackmailing the victim. On 25.06.2024, the applicant along with 10-12 persons came to shop of complainant and threatened him and demanded Rs.5,00,000/- cash. Learned counsel for applicant submits that as per F.I.R. victim is major. Applicant has been falsely implicated in this case. The alleged video has not been recovered. The statement of the victim under Section 164 Cr.P.C. has also not been taken. He submits that the applicant is in jail since 12.09.2024. Learned A.G.A. has opposed the bail prayer however, does not dispute the fact that statement of the victim under Section 164 Cr.P.C. has not been taken and further that although the video has said to have been recovered however, it has not been sent for FSL report. He also submitted that medical examination of the victim has been conducted however, no corroborative evidence has been found. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 12.09.2024, medical does not corroborate the prosecution case, statement of the victim under Section 164 Cr.P.C. has not been taken by the Investigating Officer, victim appears to be major, applicant has no previous criminal history and without expressing any opinion on 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 Tauheed Quraishi be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) 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. (now 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 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 15.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench