Neutral Citation No. - 2025:AHC:51277 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11628 of 2025 Applicant :- Bobby @ Babbi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shweta Nishad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Shweta Nishad, learned counsel for the applicant, Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0197 of 2023, under Sections 363, 366, 376 I.P.C. and 5/6 POCSO Act, Police Station Gola, District Gorakhpur, 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. PW-1/informant and PW-2/victim have been examined during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 28.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 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 the witnesses have turned hostile, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. Let the applicant- Bobby @ Babbi, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 :- 9.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad