HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23109 of 2025 Court No. - 65 (Sr. No.101 out of 243) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Third supplementary affidavit filed today is taken on record. Learned A.G.A. has informed that the notice to the informant has been served on 01.07.2025. 2. Heard Sri Abhishek Gupta, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.141 of 2025, under Sections 115(2), 76, 65(2), 137(2) BNS and Section 5/6 POCSO Act, Police Station Surajpur, District Gautam Buddh Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. It is true that two witnesses have deposed against the applicant, but the star witness is the victim, who has been examined as PW-5 during the trial, and she has completely resiled from her earlier statements and has been cross- examined by the Public Prosecutor after being declared hostile. There is no likelihood of the applicant’s conviction in the present case. The applicant has no criminal history and is in jail since 14.03.2025. He is ready to cooperate with the trial and undertakes not to misuse the liberty of bail if released. 5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Abhishek Gupta, Hans Pratap Singh Counsel for Opposite Party(s) : G.A. Govind Kushwaha .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. 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 PW-5/victim has turned hostile, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Govind Kushwaha, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 12, 2026 (Ravi Kant) BAIL No. 23109 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad