Neutral Citation No. - 2025:AHC-LKO:38358 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13208 of 2024 Applicant :- Sarvesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Neeraj Kumar Mishra,Jyoti Tripathi,Saurabh Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vishal Tripathi, Advocate holding brief of Ms. Jyoti Tripathi, learned counsel for the applicant and Sri Rajnish Kumar Verma, learned AGA for the State. No one has appeared on behalf of the complainant despite the notice has been served upon the complainant. The present applicant is in jail since 15.10.2024, in case crime no. 201 of 2024, under Sections 137(2), 87, 64 of BNS and Section 5/6 of the POCSO Act at Police Station Hanswar District Ambedkar Nagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. At the very outset, learned counsel for the applicant has informed that the present applicant is pursuing his B.Ed. Course and the date of examination is 10th July 2025. Attention has been drawn towards Annexure No. 3 of the counter affidavit, which is the statement of the prosecutrix recorded under Section 180 of BNSS and 183 BNSS. In both the aforesaid statements, she has not levelled any allegation against the present applicant rather has stated that she had left her house on account of annoyance against her mother. After sometime, she called the present applicant who came to her, thereafter she lived with him for 25 days without any force. Therefore, learned counsel for the applicant has stated that on the basis of the aforesaid statement, prima facie, it appears that the relation of the applicant with the prosecutrix was consensual in nature. The age of the prosecutrix is 17 years and 2 months as per educational certificate certificate, and as per medical examination, the age of the prosecutrix is 17 to 18 years. Learned counsel has also stated on the basis of instruction that the present applicant is in affairs with the prosecutrix and he is willing to get married with her. Therefore, if her family members agrees, he will marry her. Learned counsel has also submitted that the party shall ensure that the aforesaid marriage takes place when both the persons attain the marriageable age. Learned counsel for the applicant has further stated that the applicant has no previous criminal history of any kind whatsoever. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 15.10.2024; the applicant is a student of B.Ed and he is willing to get married with the prosecutrix; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant-Sarvesh, be released on bail in the aforesaid case crime number 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:- (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. is issued and the applicants fail 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) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 7.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench