Neutral Citation No. - 2025:AHC:83433 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45193 of 2024 Applicant :- Mohd Shabab Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- Mohd. Shameem,G.A.,Sandeep Narayan Rai Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 05.12.2024 but none is present on behalf of the informant. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Pankaj Satsangi, learned counsel for the applicant and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 158 of 2024, under Sections 363, 376DA, 506 of I.P.C. and Section 5(g)(L)/6 of POCSO Act, Police Station- Ughaiti, District - Budaun, 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 victim has been examined during trial as PW-1 and she has completely resiled from her earlier statements and has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 05.06.2024 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. 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 also the fact that the victim 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. 9. Let the applicant- Mohd Shabab, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 19.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad