Neutral Citation No. - 2025:AHC:89147 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32854 of 2024 Applicant :- Akshay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- Dinesh Mishra,G.A. Hon'ble Siddharth,J. Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant; Sri Dinesh Mishra, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Akshay Kumar, with a prayer to release him on bail in Case Crime No. 286 of 2024, under Sections 454, 354, 323, 504, 506, 376, 420, 467, 468, 471 IPC, Police Station Shahpur, District- Gorakhpur, during pendency of trial. There are allegations in the FIR against the applicant that while informant and her family members were sleeping, her daughter raised alarm. When she reached at the room of her daughter, she found the applicant trying to commit the offence of rape against her. After seeing the informant, he threatened her and after abusing left the place of incident. Learned counsel for the applicant has submitted that no internal or external injury was found on the body of the victim. In her statement recorded under Section 164 Cr.P.C., victim has claimed her age as 19 years and she stated that applicant is brother of her friend, Vinita. He gave her tea to drink, when she visited his house to meet her friend, Vinita. Thereafter she became unconscious. He made her incriminating video and on the threat of making it viral, he made physical relationship with her for many years. He used to indulge in relationship with her in the house to close to her house and he filed a case against her brother regarding the same house. He entered into court marriage with her by way of fraud. Learned counsel for the applicant has submitted that it is a case of false implication of the applicant by the victim. The version in the FIR is inconsistent with her statement recorded under Section 164 Cr.P.C. The applicant has no criminal history to his credit and he is languishing in jail since 30.6.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail of the applicant. He has filed counter affidavit and has brought on record a letter of the Investigating Officer dated 24.10.2024, wherein it has been mentioned that applicant has sent audio message and photographs from his instagram account on the instagram account of the victim. Learned counsel for the informant has opposed the prayer for bail of the applicant and he has filed counter affidavit, wherein it has been submitted that applicant forged with marriage certificate of the victim and pleased to get her signature on marriage certificate but she denied her signature on certificate. After hearing rival contentions, this Court finds that victim has admitted knowing the applicant well and also having physical relationship for number of years without any protest in her statement recorded under Section 164 Cr.P.C. There is no evidence of any audio or video message being made viral on social media account of any third person. Audio and video were exchanged between the applicant and victim. The medical report of the victim does not supports the allegations of commission of alleged offences. The applicant is in jail since 30.6.2024 and he has no previous criminal history to his credit. 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 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; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, 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 :- 26.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad