HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29222 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant, Sri Manoj Gautam, learned AGA for the State-respondents and perused the record. 2. Names of Sri Lallu Singh and Sri Rakesh Kumar Pal appear in the cause list as counsel for the first informant but none of them is present today. 3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 468 of 2022 under Sections 452, 354-B, 427, 506, 120-B IPC and 7/8 POCSO Act, registered at Police Station Banna Devi, District Aligarh during pendency of the trial. 4. At the very outset, learned AGA states that notice has been served upon the first informant. 5. the matter was last taken up on 15.4.2026 and no one had appeared on behalf of the first informant on that day also and the matter was directed to be listed for today and it was ordered that application shall be heard in the absence of the first informant. 6. It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case and he has been languishing in jail since 28.7.2025. It is further submitted that no allegation of sexual assault Versus Counsel for Applicant(s) : Upendra Kumar Pushkar Counsel for Opposite Party(s) : G.A., Lallu Singh, Rakesh Kumar Pal Alok Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) has been made against the applicant and the victim in her statement recorded under section 164 Cr.P.C. has assigned the role of shutting her mouth to the applicant. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 7. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant. 8. As per allegations in the FIR, applicant and other accused persons are said to have sexually assaulted and outraged the modesty of the victim i.e. daughter of the first informant, however, victim in her statement recorded under section 164 Cr.P.C. has stated that applicant shut her mouth and she has also assigned separate roles to other accused persons. 9. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 10. Let the applicant Alok Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. BAIL No. 29222 of 2025 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 23, 2026 Madhurima BAIL No. 29222 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad