JUDGMENT :

RENU AGARWAL, J.

1. Heard Mr. Rakesh Pathak, learned counsel for the applicant, learned A.G.A. and perused the record.

2. The present first bail application has been filed on behalf of the applicant in Case Crime No. 42 of 2023 under Sections 342, 354 I.P.C. and Section 9/10 POCSO Act Police Station-Parasrampur, District-Basti with the prayer to enlarge him on bail.

3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. As per F.I.R. the applicant has confined the victim in his house, however, as per the statement of the victim recorded under Section 164 Cr.P.C. the victim was confined in her own house. It is submitted that there is clear contradiction in the statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. It is further submitted that as per the medical report, no injury is found on the person of the victim. As per the statement of witnesses Arti Devi and Phoolan Devi recorded under Section 161 Cr.P.C., the witnesses stated that applicant lured the victim on the pretext of giving her guava and confined her in his home and when the witnesses reached the home of applicant and knocked on the door, victim came out weeping and told the story to the witnesses. It is further contended that the statement of the witnesses recorded under Section 161 Cr.P.C. does not corroborate with the statement of the victim recorded under Section 164 Cr.P.C. Applicant is languishing in jail since 08.02.2023 having no criminal history and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.

4. Despite service of notice to opposite parties No. 2 to 4, none appeared on behalf of the informant.

5. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

6. Considering the fact that there is contradiction in the statement of victim recorded under Section 161 Cr.P.C. and statement recorded under Section 164 Cr.P.C., as per the medical report, no injury is found on the person of the victim, applicant has no criminal history and without expressing any opinion on the merits of the case, accused-applicant is entitled to be enlarged on bail.

7. Let the applicant Vinod be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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 accordan