Neutral Citation No. - 2025:AHC:74038 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24771 of 2024 Applicant :- Prakash Adiwasi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. There are allegations against the applicant of committing the offence of rape against his daughter. Counsel for the applicant submits that the F.I.R has been lodged by daughter-in-law of his cousin. Earlier the applicant used to reside at Delhi and informant used to live in his house and when he started living with his two daughters the informant was compelled to live at other place which she did not liked and hence she has falsely implicated the applicant in this case. As per status report of trial court, no witness has been examined till date. The applicant is in jail since 30.08.2021 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, Prakash Adiwasi, involved in Case Crime No. 150 of 2021, under Sections- 376(2)(Ga) IPC, Section 5/6 of Protection of Children from Sexual Offences Act, Police Station- Lehchura, District- Jhansi, 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 :- 7.5.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad