Neutral Citation No. - 2025:AHC:90475 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32375 of 2024 Applicant :- Amit Kushwaha @ Ashu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akshay Raj Singh,Nanhe Lal Tripathi,S.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Learned A.G.A. informs that notice has been served upon the informant but no one appears on behalf of the informant. Heard learned counsel for the applicant and learned A.G.A for the State. There are allegations against the applicant of abduction of minor girl , commission of offence of rape,criminal intimidation and penetrative sexual assault . Learned counsel for the applicant submits that victim is not minor but major. Her age has been found to be 17 years. Given margin of one year on higher she can be considered to be major.From the statements of victim recorded under sections 161 and 164 I.P.C. it appears that she went with applicant to temple for the purpose marriage.Applicant refused to marry. Hence the First Information Report was lodged.Victim is known to the applicant well.The applicant is in jail since 18.6.2024 and has no criminal history to his credit. On the other hand learned A.G.A has 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, 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,Amit Kushwaha @ Ashu , involved in Case Crime No.381 of 2024 , under Section- 363,376,323,,504 IPC,section 3/4 POCSO Act and Section 3(1)dh,3(2)(5), 3(2)(5) a, Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act Police Station- Kotwali Lalitpur, District- Lalitpur, 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 :- 27.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad