Neutral Citation No. - 2025:AHC:40160 Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32383 of 2024 Applicant :- Pradeep Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hemant Sharma,Mehdi Abbas,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. This is second bail application. The first bail application was rejected by this Court vide order dated 12.2.2024 passed in Criminal Misc. Bail Application No. 32385 of 2023 directing the court below to conclude the trial within a period of six months. 2. Heard Mr. Hemant Sharma, learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the material available on record. 3. By means of this application, the applicant is seeking enlargement on bail in Case Crime No.13 of 2023, under Sections 363, 376 IPC and 3/4 POCSO Act, Police Station- Debai, District- Bulandshahr. 4. Brief facts of the case is that on 9.1.2023 at about 05 hours, sisters of the informant went for market for purchasing the items but she was not returned to home, thereafter, informant and his other family members have searched but they have not traced her and in the meantime one villager, namely, Mukesh has stated that he has saw his sister with the applicant. 5. Learned counsel for the applicant argued that the present second bail application is being pressed on the fresh ground that more than one year have been passed but till date trial has not been concluded. He argued that P.W.1/victim herself has admitted in her statement recorded under Section 164 Cr.P.C. that she went with the applicant at several place but did not alarm anywhere. The victim herself refused for her medical examination. He further submits that there are major contradictions in the statement of the victim recorded under Sections 161 & 164 Cr.P.C.. He further argued that charge sheet has been submitted and there are 8 witnesses and till date, only two witnesses i.e. P.W.1 & P.W.2 have been examined before the trial Court, therefore, there is no possibility of conclusion of trial in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 16.1.2023 having no previous criminal history. 6. Learned A.G.A has vehemently opposed the prayer for grant of bail but he has not disputed the above submissions made by the learned counsel for the applicant. 7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 8. Let the applicant- Pradeep, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC. (iii) 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., may be issued and if 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 IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case. (2) framing of charge and (3) 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 11. With the above observation/direction, the instant bail application is allowed. Order Date :- 20.3.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad