Neutral Citation No. - 2025:AHC:6666 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18279 of 2022 Applicant :- Pawan @ Shiv Kumar Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Krishna Mani,Pratibha Jaiswal,Rakesh Chandra 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 bail application has been filed by the applicant in Case Crime No. 151 of 2022, under Sections - 376DA, 504, 506 I.P.C., Section 5g(l)/6 of POCSO Act and Section 3(2)V of S.C./S.T. Act, Police Station - Robertsganj, District - Sonebhadra, with the prayer to enlarge the applicant on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The informant has lodged first information report of this case against applicant and co-accused Monu, alleging that on 11.02.2022, while his 14 years old daughter was returning from the house of her maternal uncle, in the way applicant and co-accused offered lift to the victim on their motorcycle by saying that they would drop at her house but they took her into 'jungle' and committed gang rape upon her. In medical examination report of victim, no external injury has been shown and thus, her version is not supported by medical evidence. During the trial, the statement of two witnesses, including of victim, have already been recorded before the Trial Court. In her cross-examination, victim/ P.W.-2 has not supported the prosecution version and turned hostile. It was stated that similarly placed co-accused Monu Kehsari has already been granted bail by this Court vide order dated 23.09.2024. Lastly, it is submitted that the applicant is in jail since 15.02.2022 and that in case the applicant is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail application and submitted that first bail application of the applicant has already been rejected on merits but it could not be disputed that now the statements of informant and victim have been recorded before the Trial Court and in her cross-examination the victim has not supported the prosecution version. 5. Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for bail is made out. Hence, the present bail application is hereby allowed. 6. Let the applicant - Pawan @ Shiv Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 15.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad