Neutral Citation No. - 2025:AHC:36338 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5615 of 2025 Applicant :- Prem Alias Sunil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Rajesh Dwivedi, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. and perused the record. 2. This bail application has been seeking enlargement on bail in Case Crime No.186 of 2022, under Sections 363, 366 (2), 376 (3), 504, 506 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station-Ghatampur, District-Kanpur Nagar. 3. This is the second bail application. First bail application of applicant was rejected vide order dated 10.5.2024 on following grounds. "(I) Applicant is facing trial for an offence of rape a minor girl aged about 15 years. (ii) At this stage Court cannot enter into the realm as to whether victim is a minor girl or not as it will be subject matter of trial. (iii) At this stage, Court considers the statement of victim recorded under Section 164 Cr.P.C. that till date her statement has not been recorded, therefore, Court takes note of submission of learned A.G.A. that in case applicant is released on bail, he will try to influence the victim being prior acquainted." 4. In pursuance of an order passed by this Court learned Trial Court has submitted a status report that out of proposed 9 prosecution witnesses, three have been examined including the complainant, victim and the Doctor. 5. Learned counsel for the applicant by referring the statement of victim submits that though the victim has not disputed the contents of her statement recorded under Section 164 Cr.P.C., however, she has denied the entire prosecution story by specifically stating that accused has not committed any rape. He further submits that she was further cross-examined by the prosecution, however, she has stated that her statement was recorded under Section 164 Cr.P.C. and there was no further examination. 6. Learned A.G.A. submits that since the victim has admitted her in her statement recorded under Section 164 Cr.P.C., therefore, it could be read against him. 7. I have considered the above submissions and taking note that this is the second bail application and applicant is in jail since 14.4.2022 i.e. more than two years and and 10 months, as well as Court also takes note of nature of evidence of the witnesses that at this stage there is no possibility that the applicant may influence any remaining witness. 8. Let the applicant-Prem Alias Sunil, 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 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. (iii) 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. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice. 9. 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. 10. The bail application is allowed. 11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 12.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad