HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6595 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. Though name of Shri Srees Kumar Srivastava is shown in the cause list as counsel appearing for the complainant, but none is present on his behalf. 2. It is evident from the record that the present application in pending since 15.06.2024 and, therefore, the present application is being decided with the assistance of learned counsel for the applicant and learned A.G.A. 3. The present bail application has been filed by the applicant in F.I.R. No. 029 of 2024, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Achalganj, District Unnao Nagar with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that though as per the prosecution case, victim is a minor girl aged about 13 years and she was raped by the applicant twice, no sign of rape was found on her genital part in the medico legal examination. Learned counsel for the applicant also submits that the statement of the victim has also been recorded and thereafter, the trial is going on. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, Versus Counsel for Applicant(s) : Pradyumn Shukla, Dheeraj Awasthi Counsel for Opposite Party(s) : G.A., Srees Kumar Srivastava Bachchu Lal .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) is in jail since 11.02.2024. In such circumstances, the applicant 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. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the victim has supported the prosecution version. However, he does not dispute the fact that no sign of rape was found in her medico legal examination. 6. 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 180 and 183 B.N.S. and other relevant documents, including the medico legal examination report, it is evident that only one witness has been examined till today and the applicant is in jail since 11.02.2024. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. 7. Application stands allowed. 8. Let applicant -Bachchu Lal be released on bail in F.I.R. No. 029 of 2024, 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, 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 BAIL No. 6595 of 2024 2 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. 9. 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. 6595 of 2024 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench