HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24840 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. As per office report dated 14.08.2025, notice has already been served upon opposite party no. 2. 2. List has been revised. However none has appeared for the opposite party no. 2. 3. Heard learned counsel for the applicant, learned A.G.A. for the State- respondents and perused the record. 4. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ajaypal, seeking enlargement on bail in Case Crime No. 188 of 2025 under Sections 115(3), 74 and 118(1) of B.N.S. and Section 7/8 of POCSO Act at Police Station-Gunnour, District-Sambhal. 5. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He has committed no offence of sexual harassment. He next submitted that the First Information Report was lodged against unknown person and the name of the applicant surfaced during the course of investigation. He next submitted that the applicant has a criminal history of one case in which he has been already enlarged on bail. The criminal history of the applicant has been duly explained in paragraph no. 23 of the bail application. He is languishing in jail since 09.06.2025. In case he is enlarged on bail he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has opposed the prayer for bail of the Versus Counsel for Applicant(s) : Manoj Pandey Counsel for Opposite Party(s) : Dharmendra Kumar Patel, G.A. Ajaypal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicant, but he could not dispute the fact that the name of the applicant surfaced during the course of investigation at a belated stage. 7. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 8. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :- (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 I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. 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 I.P.C./209. B.N.S. (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./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without BAIL No. 24840 of 2025 2 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. 9. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted September 25, 2025 SY BAIL No. 24840 of 2025 3 (Santosh Rai,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad