Neutral Citation No. - 2025:AHC:57213 Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8597 of 2025 Applicant :- Shahnawaj Ansari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Apsara,Kamal Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard Ms. Apsara, learned counsel for the applicant and learned A.G.A. for the State as well as perused the material available on record. 2. 2. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 15.10.2024 passed in Criminal Misc. Bail Application No.26985 of 20224. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.96 of 2024, under Sections 354, 376(2)Cha, 506 IPC and Section 5N/6 of POCSO Act, P.S.- Sherkot, District- Bijnor during pendency of trial. 4. As per prosecution story, the informant lodged an FIR against her husband alleging therein that her husband (applicant) has committed rape upon her daughter, who is aged about 14 years. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is father of the victim. The applicant has not committed any offence as alleged in the impugned FIR. There is no independent witness of the alleged incident. She submits that the victim in her statements recorded under Sections 161 and 164 Cr.P.C. and informant in her statement recorded under Section 161 Cr.P.C. have fully supported the prosecution story, thereafter, before the trial, they turned hostile. As per medical examination, there is no internal or external injury found on the body of the victim. She further submits that charge sheet has been submitted and there are 14 witnesses and till date, only three witnesses have been examined before the trial Court, therefore, there is no possibility of conclusion of trial in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 16.4.2024 having no previous criminal history. 6. Per contra, learned A.G.A has vehemently opposed the prayer for grant of bail but could not disputed the above submissions made by the learned counsel for the applicant. 7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 8. Let the applicant- Shahnawaj Ansari, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) 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. (ii) 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 her under Section 229-A IPC. (iii) 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. (iv) 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. However, it is further provided that during the course of trial,in case it is found that the FIR lodged by the informant is false, then criminal proceeding under Section 344 Cr.P.C. (383 B.N.S.S.) against the informant as well as victim shall be initiated after conducting inquiry.. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 12. With the above observation/direction, the instant bail application is allowed. Order Date :- 18.4.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad