Neutral Citation No. - 2025:AHC:117154 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2826 of 2025 Applicant :- Ritik Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kartikeya Shukla,Samarth Sinha,Vijay Sinha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 22.01.2025 but none is present on behalf of the informant. 2. Heard Sri Kartikeya Shukla, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. This is the third bail application. First bail application of the applicant was dismissed by the coordinate Bench of this Court vide order dated 10.04.2024 passed in C.M.B.A. No. 149 of 2024 with a liberty to file a fresh application. 4. Applicant seeks bail in Case Crime No. 711 of 2023, under Sections 376D, 307, 506 of IPC and Sections 5g/6 of POCSO Act, Police Station - Hapur Nagar, District - Hapur, during the pendency of trial. 5. Admittedly, the applicant was enlarged on bail by this Court vide order dated 17.05.2024 passed in C.M.B.A. No. 18176 of 2024 but subsequently the final report (charge-sheet) has been submitted with the added sections 376D, 307, 506 of IPC and Sections 5g/6 of POCSO Act, hence, this application has been filed. 6. 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 applicant has not misused the liberty granted to him earlier on. 7. Learned counsel has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 09.10.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. 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. 9. The Supreme Court in the case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, has held that the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties also considering the judgement of Supreme Court referred above, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Ritik, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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:- 18.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad