E-Court Neutral Citation No. - 2025:AHC:87540 Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6758 of 2025 Applicant :- Sunil Sharma S/O Gulab Sharma Opposite Party :- State Of U.P. Through Its Principal Secretary Home Department Lucknow Counsel for Applicant :- Mohd. Shahanshah Khan Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. This is second bail application. The first bail application was rejected by this Court vide order dated 5.12.2024 passed in Criminal Misc. Bail Application No. 40405 of 2024. 2. Heard Mr. Mohd. Shahanshah Khan, learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the material available on record. 3. This bail application has been moved on behalf of the applicant- Sunil Sharma s/o Gulab Sharma, who is involved in Case Crime No.177 of 2024, under Sections 452, 354-A, 354-D, 504, 506, 376 IPC and Section 67 of I.T. Act, Police Station- Laka, District- Varanasi during pendency of the trial. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. The victim is major and a married lady. He submits that there is no material on record to prove that any video has been viral and in this regard, there no FSL report. Learned counsel for the applicant further submits that as per medical report, there is no internal or external injury found on the body of the victim. There are major contradictions in the statement of the victim recorded under Sections 161 and 163 Cr.P.C. He further submits that as per statement of the victim, the victim is a consenting party and as such no offence under Section 376 I.P.C. is made out against the applicant. Learned counsel for the applicant further submits that charge sheet has been submitted and there are 07 witnesses in the charge sheet and till date, no 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 19.9.2024 having no previous criminal history. 5. Upon query made to learned A.G.A, whether, any video has been viral or there any certificate under Section 67 of I.T. Act, he has no reply to the same. 6. 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. 7. Let the applicant- Sunil Sharma s/o Gulab Sharma, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. 10. With the above observation/direction, the instant bail application is allowed. Order Date :- 23.5.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad