HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44742 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Learned A.G.A. submits that as per his instructions notice has been served upon the informant on 08.03.2025. 2. List revised. None appears on behalf of informant despite service of notice. 3. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 4. Learned counsel for the applicant submits that vide order dated 02.07.2025 this Court called for a report from the concerned trial court about the current status of trial, pursuant to which a report dated 19.07.2025 has been submitted by the concerned trial judge stating therein that the trial is at the stage of evidence, out of nine prosecution witnesses only four witnesses have been examined till date and five other witnesses are remained to be examined including the victim and the informant, against whom bailable warrants have also been issued. Thus, learned counsel submits that the applicant is in jail since 14.09.2017 and it appears that the trial could not be concluded in near future, therefore, he may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 14.09.2017, having no criminal history. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be Versus Counsel for Applicant(s) : Ashish Kumar Pandey Counsel for Opposite Party(s) : G.A. Shabir Ali Alais Bablu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) adjudged at pre trial stage, therefore, he does not deserve any indulgence, but he could not dispute that the trial is pending at the stage of evidence. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Shabir Ali Alais Bablu be enlarged on bail in Case Crime No. 1539 of 2017, under Sections 363, 376, 388, 120-B I.P.C. and Section 3/4, 17/18 of Protection of Children From Sexual Offences Act, Police Station- Vijay Nagar, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 16, 2025 Mustaqeem. BAIL No. 44742 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad