Neutral Citation No. - 2025:AHC:48693 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9322 of 2025 Applicant :- Ashok Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- Bed Kant Mishra,G.A. Hon'ble Sameer Jain,J. 1. Sri Ajay Kumar Pandey, learned Advocate filed his power on behalf of the applicant which is taken on record. 2. Supplementary affidavit filed today on behalf of the applicant is also taken on record. 3. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Bed Kant Mishra, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 308 of 2022, under Sections 363, 366, 376D, 302 IPC and Section 5g/6 POCSO Act, Police Station Shikohabad, District Firozabad during pendency of the trial. 5. Learned counsel for the applicant submits, however, present case is of the year 2022 and in the present matter applicant is in jail since 15.02.2025 but he is not an absconder. He next submits, during investigation involvement of the applicant was found false and final report was submitted and through protest petition filed by informant applicant and others were summoned. 6. He further submits, it is a case of circumstantial evidence and except suspicion and motive there is no other evidence against the applicant on record. He further submits, applicant is not having any criminal history. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects, it is a case of the year 2022 but it reflects, through the protest petition filed by the informant, applicant was summoned in the present matter, therefore, it cannot be said that applicant is an absconder. 10. Further, record also suggests that except the motive and suspicion there is no cogent circumstance against the applicant on record. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 15.02.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Ashok Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.4.2025/AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad