Neutral Citation No. - 2025:AHC:13880 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46025 of 2024 Applicant :- Ashish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Singh Counsel for Opposite Party :- Akhilesh Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Keshari Nandan Singh, learned Advocate holding brief of Sri Dileep Kumar Singh, learned counsel for the applicant, Sri Akhilesh Kumar Singh, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2023, under Sections 376 IPC and Section 5/6 POCSO Act, Police Station Phase-II, District Gautam Buddha Nagar during pendency of the trial. 3. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 20.09.2023 after considering the fact that applicant was Dance Teacher of the prosecutrix and it appears, he induced her and sexually exploited her but applicant is in jail since 28.05.2023 i.e. for last more than one and half years and till date trial of the case could not be concluded. 4. He further submits, victim of the case has already been examined, therefore, there is no chance of tampering with the prosecution evidence. He further submits, even it is not a case of forceful rape and it appears that victim was more than 16 years of age. 5. He further submits, applicant is not having any criminal history. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant and it appears, applicant misused his position and sexually exploited the victim but could not dispute the fact that in the present matter applicant is in jail since 28.05.2023 i.e. for last more than one and half years and victim of the case has already been examined by the trial court. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court after considering the fact that applicant was Dance Teacher of the victim and he misused his position and sexually exploited her but it reflects that in the present matter applicant is in jail since 28.05.2023 i.e. for last more than one and half years and till date trial of the case could not be concluded. 9. Record further suggests that victim of the case has already been examined by the trial court and considering this fact the argument advanced by learned counsel for the applicant that there is no chance of tampering with the prosecution evidence cannot be ruled out. 10. Further, admittedly it is not a case of forceful rape and victim appears to be more than 16 years of age and applicant is not having any criminal history. 11. Further, law is settled that bail cannot be dismissed for punitive purpose and unless proven guilty an accused deemed to be innocent. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Ashish 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. 15. 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. 16. 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 :- 27.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad