Sachin v. State Of U.P. Thru. Prin. Secy. Home Lko

dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the statement of the victim recorded under Section 183 BNSS, age of the victim, the fact that she refused medical examination, and the applicant’s continued incarceration since 23.03.2025 without any prior criminal history, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Sachin involved in Case Crime No. 48/2025, under Sections 64/87/137(2) of BNS and Section 3/4 of POCSO Act, Police Station - Kotwali Dehat, District - Sitapur, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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 of the Indian Penal Code. (vi) 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. Order Date :- 6.6.2025 R.C. RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench