Neutral Citation No. - 2025:AHC:134008 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7706 of 2025 Applicant :- Sakib Alias Azizul Hasnain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A Kumar Srivastava,Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Counter affidavit filed on behalf of the State is taken on record. Vide order dated 09.07.2025, notice was issued to opposite party Nos. 2 and 3. As per office report based on letter dated 30.07.2025 of the Chief Judicial Magistrate, Fatehpur, notice has been personally served upon opposite party Nos. 2 and 3, but no one has put in appearance on their behalf. Hence the Court proceeds to hear this bail application on its merit. Heard Mr. Ranvijay Singh, learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant third bail application has been filed on behalf of the applicant with a prayer to release him on bail in S.T. No. 170 of 2021 arising out of Case Crime No. 660 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Kotwali, District Fatehpur, during the pendency of trial. First bail application of the applicant was rejected by the coordinate Bench of this Court vide order dated 08.09.2021 in Criminal Misc. Bail Application No. 26842 of 2021 and second bail application was dismissed for want of prosecution vide order dated 25.04.2023 in Criminal Misc. Bail Application No. 41914 of 2022. Main substratum of argument of learned counsel for the applicant is that before the trial court statement of victim has been recorded as PW-2 on 29.10.2024, but she in her examination-in-chief did not support the prosecution case stating inter alia that she was not enticed away by the applicant-Sakib and he did not commit any misdeed with her, therefore, at the request of the prosecution she was declared hostile by the trial court and an opportunity of cross- examination to the prosecution was also afforded, but victim in her cross-examination also did not support the prosecution case and clearly denied the incident. On the strength of aforesaid facts, it is further argued that now there is bleak chance of conviction of the applicant who is languishing in jail since 27.12.2020. The applicant has no criminal antecendent. Therefore, the applicant may be enlarged on bail. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that victim did not support the prosecution case and has been declared hostile in her examination-in-chief, hence in the light of the statement of the victim, prima facie the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Sakib alias Azizul Hasnain, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 7.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad