Neutral Citation No. - 2025:AHC:138247 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27876 of 2025 Applicant :- Asif @ Khandu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. Learned counsel for the applicant has submitted that the applicant was earlier enlarged on bailby this court vide order dated 21.4.2025 passed in Criminal Misc. Bail Application 20884 of 2024 under sections 354-A,354-B,376-AB, 506 I.P.C. and section 5M/6 POCSO Act. Subsequently, implication of the applicant has been made under Section 5L POCSO Act. Bail application was filed before the court below by the applicant for enlarging him on bail under Section 5L POCSO Act, which was rejected. Hence the applicant is before this Court. Counsel for the applicant has submitted that only to prevent the applicant from being released from jail, he has been implicated by the Investigating Officer under Section 5L POCSO Act. He is in jail since 29.8.2023. Learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. After hearing the rival contentions, this Court finds that bail is granted in an offence and mere change in Sections does not affects the bail granted earlier to an accused in earlier sections. The applicant is also entitled to bail under the added sections for the reasons given in earlier bail order. The bail application is allowed. Let the applicant,Asif @ Khandu , involved in Case Crime No.287 of 2023 , under Section-5L POCSO Act, Police Station- Thana Bhawan, District- Shamli, 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. Order Date :- 13.8.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad