Neutral Citation No. - 2025:AHC:37593 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4769 of 2025 Applicant :- Shami Alam Alias Samay Alam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 2. The present second bail application has been filed on behalf of the applicant in Case Crime No. 05 of 2022, under Section 452, 376(3), 323 IPC and 3/4 of the Protection of Children From Sexual Offences Act, 2012, P.S. Ahmadgarh, District Bulandshahr with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court on merits vide order dated 22.03.2024. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. As per school transfer certificate, the date of birth of victim is 01.09.2001 and thus, at the time of incident, she was a major girl. Further, victim was already a married lady and these facts clearly shows that she was a major lady. It was further submitted that the first bail application of the applicant was rejected by this Court vide order dated 22.03.2024 and after that statement of informant as well as victim have been recorded before the trial Court. In her statement before the trial Court, victim has admitted that applicant was running a grocery shop and there had been some dispute between the parties and an scuffle has also taken place. The victim has not sustained any injury. Referring to statement of the victim, it was submitted that the victim has got pregnancy from her husband, who has later on passed away. There is inordinate delay in lodging of the first information report. As victim and informant have already been examined before the trial Court and thus, there is no possibility of tampering with evidence. Lastly, it is submitted that applicant is in jail since 17.02.2024 and thus, he has already undergone detention of more than one year. It was stated that the applicant has no criminal history and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of the applicant has already been rejected by this Court on merits and victim has made allegation that applicant has established physical relations with her on pretext of marriage. 5. Considering submissions of learned counsel for the parties, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, a case for bail is made out. 6. The bail application is allowed. 7. Let the applicant - Shami Alam Alias Samay Alam involved in aforesaid case be released on bail on furnishing each 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 the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 17.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad