Neutral Citation No. - 2025:AHC:3177 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45076 of 2024 Applicant :- Shashi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Shukla,Saurabh Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pawan Shukla, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant third bail application has been filed seeking release of the applicant on bail in Case Crime No.164 of 2023, under Section 376 IPC and Section 67 I.T. Act, Police Station Sarpataha, District Jaunpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is third bail application filed on behalf of the applicant and earlier his two bail applications have already been dismissed on merit by this Court but he is pressing the instant third bail application on the ground that during trial in her cross-examination victim of the case categorically stated that applicant neither committed rape upon her nor he prepared her any obscene video and statement of the victim recorded before the trial court has been annexed along with the instant bail application. 4. He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 26.05.2023 i.e. for last more than one and half year. 5. Per contra, learned AGA however, opposed the prayer for bail and submitted that this is third bail application filed on behalf of the applicant but could not dispute the fact that during trial in her cross examination victim did not support the prosecution case. He further could not dispute the fact that in the present matter applicant is in jail since 26.05.2023 i.e. for last more than one year and six months. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is third bail application filed on behalf of the applicant and his earlier two bail applications have already been dismissed on merit by this court after considering the entire facts including the statement of the victim recorded during investigation but it reflects that victim during trial however supported the prosecution case in her examination-in-chief but during her cross- examination she did not support the prosecution case. 8. Further, in the present matter applicant is in jail since 26.05.2023 i.e. for last more than one and half year. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Shashi, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad