Neutral Citation No. - 2025:AHC:49630 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14759 of 2023 Applicant :- Shashikant Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Meraj Ahmad Khan,Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Meraj Ahmad Khan, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shashikant, seeking enlargement on bail during trial in connection with Case Crime No.309 of 2021, under Sections 376/511, 504, 506 I.P.C. & 3/18 Protection of Children from Sexual Offence Act, registered at Police Station Majhola, District Moradabad. 4. The first bail application of the applicant was rejected by this Court vide order dated 24.03.2022 passed in Crl. Misc. Bail Application No. 47259 of 2021 (Shashikant Vs. State of U.P.). 5. Learned counsel for the applicant submitted that the applicant has falsely been implicated in the present case. It is next submitted that by placing the compliance affidavit dated 21.01.2025 filed on behalf of the State that the victim produced before the trial court as P.W.2 who did not support the prosecution case and has been declared hostile. It is further submitted that the victim has denied the prosecution case in full and has not stated of her being raped by the applicant. It is further submitted that the application of the applicant in the present case is false. It is further submitted that the applicant has no criminal history as stated in para 23 and is in jail since 14.07.2021. 6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the arguments. 7. The record shows that the notice was issued to the first informant/opposite party no.2 vide order dated 04.09.2024. As per the office report dated 23.10.2024, notice has been served personally on the first informant despite service of notice upon the first informant, no one appears on her behalf. 8. After having heard learned counsels for the parties and perusing the records, it is evident that this is the second bail application. The victim was produced before the trial court as P.W.-2 who has not supported the prosecution case and has been declared hostile and she has not stated of the applicant committing rape upon her. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant Shashikant, be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. Order Date :- 4.4.2025 Shivangi (Samit Gopal, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad