Neutral Citation No. - 2025:AHC:39033 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45968 of 2024 Applicant :- Ashu Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ajay Kumar Pandey,Pratiksha Rai Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant and Sri A.Z. Khan, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No.355 of 2024, under Sections 376, 452, 506 I.P.C. and Section 3/4 POCSO Act, Police Station New Agra, District Agra, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the instant F.I.R. has been instituted after the applicant was enlarged on bail in Case Crime No.462 of 2023, which was lodged by the same informant. It is further submitted that there is no recovery of any photograph, video or WhatsApp messages. 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 history of the applicant except the said case instituted by the same informant. The applicant is languishing in jail since 06.10.2024 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 AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history except the said case instituted by the same informant. 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 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- Ashu, 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 :- 18.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad