Neutral Citation No. - 2025:AHC-LKO:13229 Court No. - 30 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12848 of 2024 Applicant :- Golu @ Martand Yadav Opposite Party :- State Of U.P. Thru.Its Addl. Chief Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Rahul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Rejoinder affidavit filed today on behalf of the applicant is taken on record. 2. Heard Shri Rahul Srivastava, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 3. By means of this application under Section 483 B.N.S.S. (Section 439 of Cr.P.C.), applicant, Golu alias Martand Yadav, who is involved in Case Crime No. 56 of 2024, under Sections 376, 420, 323, 506, 120B IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Jahangeerganj, District Ambedkar Nagar, seeks enlargement on bail during the pendency of trial. 4. This is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 12.07.2024 passed in Criminal Misc. Bail Application No. 7255 of 2024. 5. The main substratum of argument of learned counsel for the applicant is that the evidence of the victim has been recorded before the trial Court on 25.10.2024 as P.W. 1 in which she has not supported the prosecution case and has been declared hostile. She stated that she had made the allegation of rape in her statement under Section 164 Cr.P.C. at the behest of police. It is also pointed out that statement of the sister of the victim was also recorded on 05.12.2024, in which she has also not supported the prosecution case and has been declared hostile. According to the learned Counsel, all allegations levelled against the applicant were false and fabricated and the applicant has been implicated in the present case only on account of property dispute arose between family members of the applicant and victim. The applicant has no criminal history to his credit and he is languishing in jail since 14.04.2024. Therefore, he seeks to enlarge the applicant on bail during pendency of trial. 6. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that possibility of winning over of the victim cannot be ruled out, but does not dispute the aforesaid factum of the case as argued on behalf of the applicant. 7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused as well as considering the fact that victim and her sister in their depositions before the trial Court have not supported the prosecution case, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant, Golu alas Martand Yadav, 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, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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. 9. In case of breach of any of the conditions mentioned above, the Court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. (Om Prakash Shukla, J.) Order Date :- 4.3.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench