Neutral Citation No. - 2025:AHC:61843 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27562 of 2024 Applicant :- Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brahma Nand Tripathi,Sanidhya Pandey,Shiva Kant Dubey Counsel for Opposite Party :- Brajesh Kumar Singh,G.A. Hon'ble Siddharth,J. Heard Shri Shiva Kant Dubey and Shri Sanidhya Pandey, learned counsel for the applicant; Shri Brajesh Kumar Singh, learned counsel for the informant and learned A.G.A for the State. Learned counsel for the applicant submits that First Information report is delayed by six days.Applicant has been falsely implicated in this case on the allegation of committing offence of rape and criminal intimidation.Victim in her statement recorded under section 164 Cr.P.C. has implicated the co-accused, Vikki and assigned him role of commission of rape and abduction.Applicant has been implicated only on the basis of incriminating video found in his mobile phone.The applicant is in jail since 8.4.2024and has no criminal history to his credit. On the other hand learned A.G.A. and learned counsel for the informant have 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 Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the 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,Deepak , involved in Case Crime No.176 of 2024 , under Section-376-D,506,34 IPC, and section 5(G)6 POCSO Act and section 67 I.T. Act Police Station- South (Dakshin), District- Firozabad, 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 :- 23.4.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad