HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12588 of 2025 Court No. - 65 (Sr. No.98 out of 277) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that notice to the informant has been served on 11.4.2025. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in S.T. No.149 of 2025, arising out of Case Crime No.449 of 2024, under Sections 65(1), 351(2), 74 BNS and Sections 5( ढ़़़़़़़़़़़)(ठ)/6/9(ढ़़़़़़़़़़़)/10 of POCSO Act, Police Station Kant, District Moradabad, during the pendency of trial. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and victim have been examined as PW-1 and PW-2, respectively, during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case. 6. Learned counsel for the applicant has further stated that there is no Versus Counsel for Applicant(s) : Rakesh Kumar Verma, Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mohd. Nazir .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) criminal history of the applicant. The applicant is languishing in jail since 9.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the witnesses have turned hostile, 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- Mohd. Nazir, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 10. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 20, 2026 Vikas Verma BAIL No. 12588 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad