Neutral Citation No. - 2025:AHC:54128 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6365 of 2025 Applicant :- Baljeet Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Pati Tiwari,Mohammad Zakir 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 third bail application has been filed by the applicant-accused in Case Crime No.211 of 2021, under Sections - 376, 506, 34 I.P.C. and Section 3/4 POCSO Act, Police Station- Sikandrabad, District- Bulandshahr with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant-accused was rejected by this Court vide order dated 31.3.2022, passed in Criminal Misc. Bail Application No.45718 of 2021. The second bail application of applicant-accused was rejected by this Court vide order dated 29.4.2024, passed in Criminal Misc. Bail Application No.56339 of 2023. 4. It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The allegation of rape levelled against the applicant is wholly false. After rejection of second bail application of the applicant, the statement of informant as well as of victim have been recorded before the trial court and they have not supported the prosecution version and turned hostile. Learned counsel has referred to the statement of PW-2/victim, recorded before the trial court, and pointed out that she has clearly stated that applicant and co- accused persons have not committed any rape upon her. She has also denied her statement recorded under Section 164 Cr.P.C. She has stated that in fact no incident of rape has taken place and first information report was got lodged by one person alleging false facts. It was submitted that as statement of victim/informant has already been recorded before the trial court thus, there is no possibility of tampering with the evidence. In view of the statement of victim, the prosecution version becomes doubtful. Lastly, it was submitted that applicant is languishing in jail since 12.7.2021, having no criminal history, and that in case the applicant is released on bail, he shall not misuse the liberty of bail and would co-operate in trial. 5. Learned AGA has opposed the bail application but it could not be disputed that victim has not supported the prosecution version and turned hostile. 6. Considering submissions of learned counsel for the parties and all attending facts, particularly statement of victim, without expressing any opinion on the merits, a case for bail is made out. 7. The bail application is allowed. 8. Let the applicant - Baljeet Singh involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 11.4.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad