ORDER : (Brij Raj Singh, J.) 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR No.791 of 2020 under Sections 354,376,506 IPC and 3/4 Protection of Children from Sexual Offence Act, Police-Station Kotwali Sadar, District Lakhimpur Kheri. 3. It has been submitted by learned counsel for the applicant that Chhote Lal P.W.-2 has not supported the prosecution case and has become hostile, a copy of which has been annexed as annexure no.1 to the supplementary affidavit. Learned counsel for applicant has also annexed a copy of the statement of the prosecutrix (P.W.-3) which was recorded by the court below wherein she denied her statements recorded under section 161 Cr.P.C. and 164 Cr.P.C. and has become hostile (S.A-2 to the supplementary affidavit). In the statement, prosecutrix has stated that her father had lodged an F.I.R. against the applicant but applicant did not do anything wrong against her. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 17.07.2020. 4. Learned A.G.A. though opposed the prayer for bail but could not dispute the aforesaid facts. 5. After hearing parties and looking into the overall facts and circumstances of the case as well as the nature of allegations, I am of the of the opinion that the applicant is entitled to be released on bail. 6. Let the applicant, namely, Suraj, be released on bail in the above case crime number 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 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 accordance with law. 7. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.