Neutral Citation No. - 2025:AHC:75087 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32285 of 2024 Applicant :- Ankit Rajput Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri Raghuraj Singh, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Ankit Rajput, with a prayer to release him on bail in Case Crime No. 780 of 2023, under Sections 420, 363, 376, 511 of IPC and section 3/4 of POCSO Act, and 67-B of I.T., Act, Police Station- Dhanghata, District- Sant Kabir Nagar, during pendency of trial. There is allegation against the applicant that he is making obscene photographs of the minor daughter of the informant on instagram and whats-app viral and blackmailing her by making phone calls. He has forwarded her obscene photographs on the mobile phone and instagram accounts from fake I.D. He was compelling her daughter to collect jewellery and money from her home and escape with him. Complaints have been made earlier to the police, but in vain. Daughter of informant may be provided security. Learned counsel for the applicant has submitted that it is a case of false implication of the applicant by informant. The age of the victim as per educational certificate was about 15 years at the time of incident. The applicant was student of B.S.C.-Ist year at that time. Learned counsel for the applicant has further submitted that statements of the victim recorded under sections 161 and 164 Cr.P.C. are contradictory. Applicant has not made any incriminating video or photographs of the victim viral. The victim as per the ossification test report was aged about 16 years and given margin of two years on higher siude, she can considered to be major. No external or internal injuries were found on the body of the victim by the doctor. The applicant has only provided the consenting photograph and video in his mobile phone to the police during investigation. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 22.01.2024. The trial in the aforesaid case is not likely to be concluded in near future. Learned A.G.A. and learned counsel for informant have filed counter-affidavit, but there is nothing in the counter-affidavit, which proves that the applicant has made any incriminating photograph or video of the victim viral. The victim has been examined before the trial court as P.W.-2. She has admitted in her cross-examination that she used to talk to the applicant on her own sweet will. 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 the victim is although minor, but it appears that she had some sort of consenting relationship with the applicant who may 2 or 3 years older to her. 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 the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC)LawSuit 677 and 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 of the Indian Penal Code. (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. is issued and the applicants fail 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 and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad