Neutral Citation No. - 2025:AHC:109211 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29720 of 2023 Applicant :- Pradeep Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. Supplementary affidavit filed in Court today is taken on record. 2. List has been revised. 2. Heard Sri Raj Kumar, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 305 of 2022, under Sections 452, 376 I.P.C. and Section 5/6 POCSO Act, Police Station-Ajeetmal, District-Auraiya, 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. The victim has been examined as PW-2 and she has not supported the prosecution story. As such, she has been declared hostile by the public prosecutor and cross-examined by him as such. There is no likelihood of conviction of the applicant in the present case. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 18.8.2022 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. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. 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 the witness has turned hostile, 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. 8. Let the applicant- Pradeep, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 9.7.2025 LN Tripathi (Justice Krishan Pahal) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad