Neutral Citation No. - 2025:AHC:116604 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19442 of 2025 Applicant :- Rohit Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tiwari Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ishwar Kumar Upadhyay, learned counsel for the applicant, Sri Prashant Sharma, Advocate, holding brief of Sri Kamlesh Kumar Tiwari, learned counsel for the first informant/opposite party no. 2, Sri Triveni Saran Rai, learned A.G.A. for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rohit Chauhan, seeking enlargement on bail during trial in connection with Case Crime No.310 of 2024, under Section(s) 65(2), 137(2) B.N.S. 2023, and Section 5M/6 POCSO Act, registered at P.S. Bansdeeh, District- Ballia. 4. The F.I.R. of the matter was lodged on 25.09.2024 by Smt. Santoshi Devi against the applicant and one other person alleging therein that her daughter aged about 14 years used to talk to the applicant. On 17.09.2024 at about 10:00 p.m. he committed rape upon her. He then took her to Ballia on 21.09.2024. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that trial in the matter has started in which the victim has been examined as P.W.1, the first informant Smt. Santoshi Devi has been examined as P.W.-2 and Smt. Laxmina Devi the sister of the first informant, has been examined as P.W-3 wherein they have not supported the prosecution case and have been declared as hostile, copy of the same are annexed as annexure nos. 6, 7 and 8 to the affidavit in support of this bail application. It is submitted that as such implication of the applicant in the present case is false. It is argued that the applicant has no other criminal antecedents as stated in para-20 of the affidavit and is in jail since 28.09.2024. 6. Per contra, learned State counsel opposed the prayer for bail but could not dispute the arguments as aforesaid. 7. Learned counsel for the first informant/opposite party no. 4 also did not oppose the arguments of learned counsel for the applicant. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the trial in the matter has started in which the victim has been examined as P.W.1, the first informant Smt. Santoshi Devi has been examined as P.W.-2 and Smt. Laxmina Devi has been examined as P.W-3 and have been declared hostile as they have not supported the prosecution case. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant- Rohit Chauhan, 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 will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (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 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 84 BNSS, 2023 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 209 BNS, 2023. (v) 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 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 17.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad