Neutral Citation No. - 2025:AHC:68747 Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9808 of 2025 Applicant :- Ramu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This is the second bail application on behalf of the accused- applicant - Ramu involved in Case Crime No.124 of 2022 under Sections 363, 366, 376 IPC and 5J(ii) 6 POCSO Act, Police Station Fatehabad, District Agra. 3. The first bail application of the accused-applicant has been decided on merits and it has been rejected by this Court vide order dated 1.6.2023. The new and additional ground taken in this application is that at the time of disposal of first bail application the evidence before the Court was not started and now when PW- 1, the informant and PW-2, the prosecutrix, were examined before the Court, they did not support the prosecution version in their respective depositions and were declared hostile. It is also submitted that since the prosecutrix, who is the star witness of the prosecution, has turned hostile and did not support the prosecution version and all the allegations levelled against the applicant have been denied by her in her testimony recorded before the Court, in the changed circumstances, the applicant is entitled for bail. 4. Learned AGA vehemently opposed the prayer. 5. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 6. Having record to the entire facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, hostility of PW-1/informant and PW-2/ prosecutrix herself, the dictum of Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 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. 7. The bail application is allowed. 7. Let the aforesaid applicant involved in aforesaid Case Crime number be released on bail on 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 the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). 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. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 9. It is made clear that the submissions and observations made in this order are only for deciding the bail application. Trial Court while deciding the trial will not be influenced with the same. Order Date :- 1.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad