Neutral Citation No. - 2025:AHC:65203 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39503 of 2024 Applicant :- Saif Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Imtiaz Husain Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 22.10.2024. 3. Heard Sri Pawan Kumar Shukla, learned Advocate holding brief for Sri Imtiaz Husain, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 105 of 2024, under Sections 137(2), 351(2), 65(1) B.N.S. and 3/4 of Protection of Children From Sexual Offence Act, 2012, Police Station Echoda Kamboh, District Sambhal, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and the victim have been examined as P.W. 1 and P.W. 2 respectively, in court and have not supported the prosecution story. They have completely resiled from their earlier statement given to the I.O. and the allegations of the FIR. The witnesses have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction in the present case under the circumstances. The fundamental rights of the applicant as enshrined in Article 21 of the Constitution of India stand violated . 6. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.8.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile. 8. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Saif Ali, 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 not tamper with evidence. (ii) 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./351 B.N.S.S. 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date :- 28.4.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad