Neutral Citation No. - 2025:AHC:85715 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8198 of 2025 Applicant :- Sushil Kumar Tripathi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saket Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 18.02.2025 but none is present on behalf of the informant. 2. Heard Sri Saket Jaiswal, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 107 of 2024, under Sections 376-D/34, 323, 506, 328 of IPC and Sections 5/6 of POCSO Act, Police Station - Bisanda, District - Banda, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and the victim have been examined in court as PW-1 and PW-2, respectively and both have not nominated the applicant in their statements rather the victim has stated in her statement that it was one Mohit, who had committed the said offence. 5. Learned counsel has also stated that the instant case is of false implication. There is no likelihood of conviction in the matter. Criminal history of four cases assigned to the applicant stands explained in the supplementary affidavit. The applicant is languishing in jail since 27.03.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the statements of the informant and the victim, who have deposed before court as PW-1 and PW-2 and have not nominated the applicant in the commission of said offence, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Sushil Kumar Tripathi, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 21.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad