Neutral Citation No. - 2025:AHC:37617 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45843 of 2024 Applicant :- Manoj Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Mishra,Santosh Kumar Pandey Counsel for Opposite Party :- Dhirendra Kumar Verma,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Learned counsel for the applicant has informed that opposite party has been informed by him telephonically as well as by sending whatsapp message regarding this case but none is present on behalf his/her behalf. 3. Heard Sri Santosh Kumar Pandey, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 660 of 2024, under Sections 70(2), 351(3) of BNS and Sections 5G/6 of POCSO Act, Police Station- Campierganj, District - Gorakhpur, 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, informant and witness have been examined as P.W. 1 , P.W. 2 and P.W.3 in court and have not supported the prosecution story. They have completely resiled from their earlier statement given to the I.O. and the allegations of the FIR. The witnesses have been cross-examined by the public prosecutor after declaring them hostile. There is no possibility of conviction in the present case under the circumstances. 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 10.10.2024 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 State Law Officer 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 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- Manoj Yadav, 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:- 17.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad