1. Heard Sri Mohd. Asim Zulfiquar, learned counsel for the applicant, Sri Abhisek Rai, learned counsel for the informant and learned A.G.A for the State of U.P. as well as perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.151 of 2024, under Sections 69, 351(3) Bhartiya Nyay Sanhita (BNS), 2023, Police Station- Chhajlet, District- Moradabad with the prayer to enlarge him on bail.

3. As per prosecution story, the applicant along with two other persons were sexually harassing the informant for last five years. It is also alleged that the applicant made physical relationship with the informant/victim by threatening her to make her photo and videos viral.

4. The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. The applicant has not committed any offence as alleged in the impugned FIR. He submits that the victim is major aged about 20 year. He submits that the victim is known to the applicant since last 5-6 years. He submits that as per medical examination report, there is no internal or external injury found on the body of the victim. There are major contradictions in the statement of the victim recorded under Sections 180 and 183 B.N.S.S. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. He submitted that the applicant is languishing in jail since 16.7.2024 having no previous criminal history.

5. Learned counsel for the applicant as well as learned A.G.A have vehemently opposed the prayer for grant of bail but could not dispute the above contention made by the learned counsel for the applicant.

6. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

7. Let the applicant- Danish, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) 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.

(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 269 BNSS.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS, 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 209 BNSS.

(iv) 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 351 BNSS. 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.

(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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

9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.