Neutral Citation No. - 2025:AHC:116000 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27761 of 2023 Applicant :- Shrawandas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vijay Kumar Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 52 of 2023, under Sections 376AB of I.P.C. and Sections 5M/6 of POCSO Act, Police Station- Chhatta, District - Agra, 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 victim has been examined during trial as PW-3 and she has categorically denied the allegation of having touched inappropriately by the applicant. The statement of P.W. - 2 does not support the prosecution story, as such, it is clear cut case of false implication. P.W.-1 is also not an eye-witness. Under such circumstance, there is no possibility of conviction in the present case. 5. Learned counsel has further stated that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 30.03.2023 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 A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have not supported the prosecution story. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and also taking into consideration the fact that the witnesses have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Shrawandas, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 17.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad