Vishal Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:35289

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5218 of 2025

Applicant :- Vishal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Shri Nikhil Singh, learned AGA-I placed a copy of notice dated 12.05.2025 given by Shri Rakesh Kumar, SI, PSAsandra, District- Barabanki to the complainant of the present case. The same is taken on record.

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It is evident from the aforesaid notice that the proper information has been given to the complainant about the listing of the present case but no one has put in appearance on his behalf, therefore, the matter is being proceeded for final hearing with the assistance of learned counsel for the applicant and learned AGA for the State.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No.40 of 2025 under Sections 137(2), 87, 64(2)(m) BNS and Section 5(1)/6 of POCSO Act, Police Station Asandra, District Barabanki, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 01.04.2025. He further submitted that at the initial stage, applicant was implicated for the offences under Sections 87, 137(2) of BNS and under the said sections, he was granted bail by the trial court on 07.03.2025. Thereafter, new sections were added and the charge sheet was filed for the offences under Sections 87, 137(2), 64(2) (M) of BNS and 5(1)/6 of POCSO Act. He further submitted that another bail application was filed in respect of new sections but the same was rejected by the trial court. He further submitted that the applicant never misused the liberty of bail granted by the trial court and now the charge-sheet has been

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filed and applicant is ready to cooperate in the trial proceeding. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of the applicant for grant of bail but he did not dispute this fact that prior to the submission of charge-sheet, applicant was on bail for the offence under Sections 87 and 137(2) of BNS.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is evident that the applicant was granted bail by the trial court for the offences under Sections 87 and 137(2) of BNS and he did not misuse the liberty granted to him. Therefore, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Vishal - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) 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.

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(iv) 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 him under Section 229-A IPC.

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(v) 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

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law, under Section 174-A IPC.

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(vi) 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 11.6.2025 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Vishal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Vishal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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