Neutral Citation No. - 2025:AHC:87732 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47094 of 2024 Applicant :- Kamal Pratap Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishnu Kumar Patil Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. As informed by learned A.G.A., notice has been served to the informant on 20.12.2024. 3. Heard Sri Ganesh Shankar Patel, learned Advocate holding brief for Sri Vishnu Kumar Patil, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 149 of 2024, U/S 137(2), 87, 64 B.N.S. and 3/4 POCSO Act, Police Station Fariha, District Firozabad, 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 with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 6. Learned counsel has further argued that the victim, in her statement recorded u/s 183 B.N.S.S., has levelled the allegations against Harsh, Saurabh and Mahipal and she has stated that the applicant had saved her from their clutches, as such, it is a clear cut case of false implication. 7. There is a criminal history of four cases assigned to the applicant, which stands explained vide supplementary affidavit. The applicant is languishing in jail since 22.8.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and the statement of the victim recorded u/s 183 B.N.S.S., 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. 11. Let the applicant- Kamal Pratap Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 13. 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 :- 23.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad