Neutral Citation No. - 2025:AHC:75939 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23708 of 2024 Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- Aarushi Khare,G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant; Ms. Aarushi Khare, Advocate appearing on behalf of High Court Legal Service Committee and learned A.G.A for the State. Learned A.G.A informs that notice has been served on informant but no one has turned up to oppose this bail application. There are allegations against the applicant of committing the offence of rape against minor girl after her abduction. Counsel for the applicant submits that from the ossification test report of victim, she has been found to be aged about 20 years. Therefore, she is not minor. She went to different places with the applicant and at no place she has made any alarm nor cried for help from public. She travelled by public transport with the applicant to Delhi and other places. There is nothing indicating that she was taken to aforesaid places by force and offence of rape was committed by the applicant. The applicant is in jail since 01.01.2024 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Ashish, involved in Case Crime No. 760 of 2023, under Sections- 363, 366-A, 376 IPC read with Section 5/6 of POCSO Act, Police Station- Karvi Kotwali Nagar, District- Chitrakoot, 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 not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) 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. is issued and the 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 of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 9.5.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad