HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4696 of 2024 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. It is evident from the record that notice has already been served on the complainant, but none has appeared on her behalf, therefore, the present application is being decided with the assistance of learned counsel for the applicant and learned A.G.A. 2. The present bail application has been filed by the applicant in F.I.R. No. 624 of 2023, under Sections 363, 366, 376(3) I.P.C. and Section 3/4 POCSO Act, Police Station Salon, District Raebareli Nagar with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case only to create pressure on the applicant to withdraw the F.I.R. No. 517 of 2021 lodged by him on 29.12.2021 under Sections 323, 504, 506 I.P.C. against the aunt of the victim, in which, charge sheet was also submitted by the Investigating Officer. It is further submitted that since the applicant denied for settlement, the present F.I.R. has been lodged with concocted facts. It is also submitted that medico legal report does not corroborate the prosecution story. Learned counsel for the applicant vehemently submits that there was no allegation of rape in the F.I.R. and the story of rape was developed later on in the statement of the Versus Counsel for Applicant(s) : Jai Pratap Singh Counsel for Opposite Party(s) : G.A. Anil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others .....Opposite Party(s) victim recorded under Section 164 Cr.P.C. It is next submitted that the applicant is in jail since 15.12.2023 and till today, only one witness has been examined. It is lastly submitted that in near future, there is no possibility of conclusion of trial and, thus, the applicant, who has no criminal antecedent, may be enlarged on bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that after detail investigation, sufficient evidences were found against the applicant, on the basis of which, charge sheet was filed by the Investigating Officer. However, he does not dispute the fact that initially, the allegation of rape was not mentioned in the F.I.R., which was lodged on the narration of the victim. Thereafter, the allegation of rape was developed in the statement of the victim. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., statements of the victim under Sections 161 and 164 Cr.P.C. and other relevant documents, it is evident that earlier a F.I.R. was lodged by the applicant against the aunt of the victim in the year 2021. It is also evident that the allegation of rape was not mentioned in the F.I.R., which was lodged on the narration of the victim. In such circumstances, this Court of the view that the applicant is entitled to be released on bail. 6. Application stands allowed. 7. Let applicant -Anil be released on bail in F.I.R. No. 624 of 2023, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned, subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, BAIL No. 4696 of 2024 2 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. (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 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 IPC. (v) 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. October 6, 2025 VKS BAIL No. 4696 of 2024 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench