Abhishek Kumar v. State Of U.P. Thru. Prin. Secy. Deptt. Home

Learned AGA has placed written notice dated 21.05.2025 issued by Shri Raghvendra Singh, PS- Talkatora, District- Lucknow to the complainant of the present case, which is taken on record.

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

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

The present bail application has been filed on behalf of the applicant in Case Crime No.265 of 2024 under Sections 137(2), 87, 61(2) BNS and Section 16/17 of POCSO Act, 2012, Police Station- Talkatora, District- Lucknow, with the prayer to enlarge him on bail.

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 26.12.2024. As per the prosecution case, applicant is the facilitator of the crime in question and he allowed the co-accused and the victim to stay in his house for the period of five days. He further submitted that as per the information of deponent, applicant is having no criminal antecedent and there is no material against the applicant in the charge sheet filed in the present case. He further submitted that the 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.

Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that charge sheet has been furnished and sufficient evidence has been found against the applicant but he does not dispute this fact that the role of applicant in the alleged offence is of the facilitator.

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 is not the main accused in the present case and he has only been accused of letting the main accused and victim stay in his house for a period of five days. Therefore, I am of the view that the applicant is entitled to be released on bail.

Let applicant - Abhishek Kumar - 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:- (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. (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. (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. (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. (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 law, under Section 174-A IPC. (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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.6.2025 V. Sinha