HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36047 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dr. Kamlesh Kumar, learned counsel for the applicant, Sri Mrityunjay Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.15 of 2025, under Sections 137(2), 64, 61(2) BNS and Section 3/4(2) POCSO Act, Police Station Naugawa Sadat, District Amroha, during the pendency of trial. 4. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 2.4.2025 passed in Criminal Misc. Bail Application No.10636 of 2025. 5. Learned counsel for the applicant has argued that as a new ground the victim has been examined during trial as PW-2 and she has completely resiled from her earlier statements and has been cross-examined by the public prosecutor after declaring her hostile. 6. It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 25.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Dr. Kamlesh Kumar, Rakesh Kumar Counsel for Opposite Party(s) : G.A., Mrityunjay Singh Prince .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the fact that the victim has turned hostile during trial. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the victim has turned hostile during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Prince, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 17, 2025 Vikas Verma BAIL No. 36047 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad