HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1308 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the third bail application on behalf of the applicant who seeks enlargement on bail in FIR No.174 of 2021, under Section 376, 377 IPC & Section 5(M)/6 of POCSO Act, P.S. Imaliya Sultanpur, District Sitapur. First bail application was rejected on 14.10.2022 and second bail application was rejected on 15.07.2024 in which liberty was given to move a bail application after the statements were recorded. 3. Learned counsel for the applicant argues that all the fact witnesses have been examined. 4. Learned AGA has opposed the bail application. 5. Considering the trial Court report which indicates that seven witnesses have already been examined and the said fact witnesses have not supported the allegation, although, the offence is a grievous one, however, it cannot be ignored that the applicant is in custody since 25.05.2021 and the fact witnesses have already been examined, as such, the applicant who has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Pankaj Kumar Tripathi, Mohd. Shahid Akhtar Counsel for Opposite Party(s) : G.A. Surjeet @ Surjeet Arkvanshi @ Banshi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others .....Opposite Party(s) 6. Let the applicant Surjeet @ Surjeet Arkvanshi @ Banshi be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. 7. However, the trial Court is directed to ensure that the trial is concluded without giving any adjournment to any of the witnesses. 8. Superintendent of Police, Sitapur will ensure that the remaining formal witnesses are produced before the trial Court for recording of their statement. 9. Trial Court shall endeavour to conclude the trial with all expedition. 10. In the event of the applicant not cooperating with trial, it would be open to the State to move a bail cancellation application. November 7, 2025 nishant BAIL No. 1308 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench