Neutral Citation No. - 2025:AHC:87721 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43956 of 2024 Applicant :- Mohammad Jahid Alias Jahid Kasae Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2. Learned A.G.A. has informed that notice to the informant has been served on 28.11.2024. 3. Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 67 of 2024, under Sections 333, 115(2), 351(3), 64(1) B.N.S. and 3/4 POCSO Act, Police Station Kudarkot, District Auraiya, 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 statement of the victim has been recorded as P.W. 2 and she has not supported the prosecution story. She has completely resiled from her earlier statement given to the Investigating Officer and the allegations of the FIR. The witness has been cross-examined by the public prosecutor after declaring her 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. It is further submitted that the injuries sustained by the victim is on the external part of the body, which were abrasions and it cannot be related to the said offence. 7. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.8.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witness has turned hostile. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and the fact that the witness has turned hostile, 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- Mohammad Jahid Alias Jahid Kasae, 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 :- 23.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad