Neutral Citation No. - 2025:AHC:88301 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7600 of 2025 Applicant :- Mahendra Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Tripathi,Yadavendra Dwivedi Counsel for Opposite Party :- Ashish Kumar,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today by the learned counsel for the informant is taken on record. 3. Heard Sri Santosh Kumar Tripathi, learned counsel for the applicant and Sri Ashish Kumar, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 4. Applicant seeks bail in Case Crime No. 338 of 2024, under Sections 137(2), 87, 64, 351(2) of BNS and Sections 3/4 of POCSO Act, Police Station Kotwali Chunar, District Mirzapur, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is next stated that the informant and the 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. There is no criminal history of the applicant. The applicant is languishing in jail since 09.11.2024 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that the informant and the victim have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Mahendra Bind, 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 the 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. 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. Order Date :- 23.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad