Neutral Citation No. - 2025:AHC:18606 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44534 of 2024 Applicant :- Yunus Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Mohan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Krishna Mohan Tripathi, learned counsel for the applicant, Shri R. K. Srivastava, learned AGA for the State- respondents and perused the record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by the co-ordinate Bench of this Court by means of a detailed order dated 3.9.2024 passed in Criminal Misc. Bail Application No. 52674 of 2023 (Yunus Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application. This second bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Yunus, seeking enlargement on bail in Case Crime No. 497 of 2023 , under Sections 354 Kha of the Indian Penal Code and Section 9m/10 of POCSO Act, Police Station Mawana, District Meerut. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.10.2023. Learned counsel for the applicant submits that victim in her statement recorded before the Court below has resiled from her earlier statement given before the police and declared hostile. The victim has also been cross examined by the prosecution, but she did not support the case of prosecution. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Yunus, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad