Neutral Citation No. - 2025:AHC:113402 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46437 of 2024 Applicant :- Sahil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Afzal Ansari,Mohd. Khalil Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit flied on behalf of the applicant is taken on record. 2. Shri Pradeep Kumar, learned A.G.A. for the State apprise the Court that on 12.12.2024, notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant to oppose this second application for bail. 3. Heard Shri Mohd. Khalil, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State-respondent. 4. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.0692 of 2023, under Sections 377, 354-B, 323, 504, 506 I.P.C. and Sections 5M/6 POCSO Act, Police Station Sardhana, District Meerut, during pendency of the trial in the court below. 5. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 15.04.2024 passed in Criminal Misc. Bail Application No.10573 of 2024 but he is pressing the instant second bail application on the ground that when witnesses of facts including informant and victim of the case appeared before the trial court then they did not support the prosecution case and they have been declared hostile and their statements recorded before the trial court have been annexed alongwith instant second bail application. 6. He further submits that applicant is having no other criminal history to his credit and he is in jail in the present matter since 29.09.2023 i.e. for last more than twenty months. 7. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 15.04.2024 but could not dispute the fact that after rejection of the first bail application of the applicant when informant and victim of the case appeared before the trial court then they have been declared hostile as they did not support the prosecution case. 8. 8. He further could not dispute the fact that applicant is having no other criminal history to his credit and he is in jail in the present matter since 29.09.2023 i.e. for last more than twenty months. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, this is the second bail application filed on behalf of the applicant and his first bail application has already been dismissed by this Court vide order dated 15.04.2024 after considering the merit of the case but it reflects, after rejection of the first bail application of the applicant when informant and victim of the case appeared before the trial court as P.W.-1 and P.W.-2, respectively then they have been declared hostile as they did not support the prosecution case. 11. Further, applicant is having no other criminal history to his credit and he is in jail in the present matter since 29.09.2023 i.e. for last more than twenty months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Sahil, 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 :- 14.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad