HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 46067 of 2024 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. This is second bail application. First bail application has been rejected by order dated 23.08.2024 passed by Hon'ble Mr. Justice Mayank Kumar Jain (retired) passed in Criminal Misc. Bail Application No.30589 of 2024. 2. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Prabhakar Alias Sonu with a prayer to release him on bail in Case Crime No.468 of 2024, under Sections 137(2), 87 and 308(2) B.N.S., Police Station Sahjanwa, District Gorakhpur, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. He further submitted that first bail application was rejected on the basis of statement of the victim recorded under Section 180 B.N.S.S. but the victim has changed her statement under Section 183 B.N.S.S. The victim aged about 14 years in her statement recorded under Section 183 B.N.S.S. stated that she was familiar to the accused-applicant before one year. He called me at Kamla Singh Balika Inter College and enticed away her thereafter but he has not committed any physical relationship to the victim. He further submitted that initially F.I.R. Versus Counsel for Applicant(s) : Harish Chandra Mishra, Ram Sumer Chaudhary, Sikandar Prasad, Vipin Kumar Counsel for Opposite Party(s) : Dharmendra Kumar Gupta, G.A., Kiran Gupta Prabhakar Alias Sonu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) has been registered under Section 137(2) B.N.S. During course of investigation Sections 87 and 308(2) B.N.S have been added. Chargesheet has been filed in this case. Trial proceedings have been initiated. Statements of P.W.1 and P.W.2 have been recorded before the trial court. P.W.1, mother of the victim Smt. Sangeeta has stated that the victim informed her that accused used to demand money and he used to torture stating that if she does not give money, he will intimidate to make her photographs viral but she has nowhere stated that money has been given to the applicant. P.W.2, who is grandfather (Nana) of the victim stated that he has no knowledge about the fact that the applicant has received money from the victim or her mother. Trial proceeding is going on. The applicant has no criminal history as stated in para-27 of the bail application and he is languishing in jail since 15.07.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. BAIL No. 46067 of 2024 2 (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. 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 I.P.C./209. B.N.S. (v) 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./351 B.N.S.S. 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. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 Asha BAIL No. 46067 of 2024 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad