HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16075 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. Despite order dated 08.10.2025, none appeared on behalf of the complainant. 2. By means of this second bail application, applicant Manish Gond Alias Manish Kumar, who is involved in Case Crime No. 321 of 2024, under Sections 328, 376, 504, 506 I.P.C. and 67 Information Technology (Amendment) Act, 2008, Police Station Gandhi Park, District Aligarh, seeks enlargement on bail during the pendency of trial. 3. The first bail application of the applicant was rejected vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No. 2967 of 2025. 4.The main substratum of argument of learned counsel for the applicant is that statement of victim has been recorded as PW-1 on 06.03.2025 in which she has not supported the prosecution case, therefore, at the request of prosecution, she has been declared hostile. Referring the information received under Right to Information Act, which has been brought on record as Annexure- SA-5 to the supplementary dated 10.08.2025. It is also pointed out that on 24 dates, victim herself visited the District Jail, Aligarh to meet the applicant. 5.On the strength of aforesaid submission, it is further argued that in the light of the statement of the victim, there is bleak chance of conviction of the applicant, hence, the applicant, who is languishing in jail since18.09.2024 may be enlarged on bail. 6. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but does Versus Counsel for Applicant(s) : Saroj Kumar Tiwari Counsel for Opposite Party(s) : Ashish Kumar, G.A., Rajesh Kumar Vishwakarma Manish Gond Alias Manish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) not dispute the above factual aspect of the matter as argued on behalf of the applicant. 7. Having heard the submissions made by the learned counsel for the parties, I find that it is not in dispute that victim did not support the prosecution version and declared hostile as noted above. 8.Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that in the light of statement of the victim, as noted above, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 9. Let the applicant Manish Gond Alias Manish Kumar 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 her 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. 10. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. October 10, 2025 T.S. BAIL No. 16075 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad