Neutral Citation No. - 2025:AHC:51557 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39917 of 2024 Applicant :- Sani Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 69 of 2023, under Sections - 363, 366, 376(3), 323, 504, 506 I.P.C. & 3/4(2) POCSO Act, Police Station - Railway Road, District - Meerut, with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 16.04.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present bail application has been filed by the applicant in Case Crime No. 69 of 2023, under Sections - 363, 366, 376(3), 323, 504, 506 I.P.C. & 3/4(2) POCSO Act, Police Station - Railway Road, District - Meerut, with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for applicant that applicant is innocent and he has not committed any offence. Statement of victim recorded under Section - 161 and 164 Cr.P.C. was referred and it was submitted that her statement indicates that she has gone with applicant with her own free will. As per statement of victim, she has also taken an amount of Rs.10,000/- from her house and she has travelled to Pune from Delhi but she has never raised any alarm or made any complaint. In medical examination report, no external or internal injury has been shown on the body of victim. It was stated that as per alleged school certificate, age of victim has been shown about sixteen years but neither there is high school certificate nor the certificate of first attended school has been produced and in these circumstances it was necessary that ossification test of victim must have been conducted but no such test has been conducted. It was submitted that victim was a consenting party and that no case is made out against the applicant. Lastly, it was submitted that applicant is languishing in jail since 31.07.2023 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that as per school record age of victim is about fifteen years and eight months and in her statement under Section - 161 and 164 Cr.P.C., she has stated that she was taken away by applicant on pretext of taking her to doctor and he has committed rape upon her. Applicant is maternal uncle and tutor of victim and the age of applicant is stated 36 years. 5. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the case, no case for bail is made out. 6. Accordingly, the instant bail application filed on behalf of the applicant Sani is rejected." 4. It is submitted by learned counsel for the applicant that after rejection of first bail application of applicant, the informant and the victim have been examined before the trial court and they have not supported the prosecution version and turned hostile. Learned counsel has referred the statement of victim recorded before the trial court, wherein she has stated that her age is 20 years and applicant has not committed any rape upon her. She has denied the prosecution version as well as her statement recorded during investigation. Referring to the statement of victim, it was submitted that in view of the statement of the victim before the trial court, whole prosecution version becomes doubtful. Lastly, it was stated that the applicant is in jail since 31.07.2023 and he has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate in the trial. 5. Learned A.G.A. has opposed the prayer for bail but it could not be disputed that victim has not supported the prosecution version and turned hostile. 6. Considering the submissions of learned counsel for the parties, nature of accusations, statement of victim and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Sani involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 8.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad