Neutral Citation No. - 2025:AHC:109732 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8059 of 2025 Applicant :- Tauheed Abbasi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Counter affidavit filed by learned A.G.A. and supplementary affidavit filed by learned counsel for the applicant are taken on record. 3. Heard Sri Syed Shahnawaz Shah, learned counsel for applicant, Sri Atul Verma, Advocate holding brief of Sri Akash Tomar, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No.162 of 2024, under Sections 363, 376 IPC and Section 3/4 POCSO Act, Police Station Mawana, District Meerut with the prayer to enlarge him on bail. 5. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 2.7.2024 passed in Criminal Misc. Bail Application No.19472 of 2024. 6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. PW-1/victim has been examined during trial and she has completely resiled from her earlier statement and has been cross- examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. 7. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 09.04.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that the victim was 14 years old at the time of offence. 9. In rebuttal, learned counsel for the applicant has stated that as per ossification test report, the age of the victim was found to be 14 years and a leverage of two years may be granted to the applicant on the upper side. 10. 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 victim has 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. 11. Let the applicant- Tauheed Abbasi, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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. Order Date :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad