Neutral Citation No. - 2025:AHC:67543 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11096 of 2025 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Sandeep Kumar Singh, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application. The first bail application was rejected vide order dated 23.04.2024. 3. In pursuance of the order dated 10.04.2025 passed by this Court, Trial Court has submitted a status report dated 19.04.2024 that out of proposed 9 witnesses, now 4 witnesses have been examined including all material witnesses as well as the victim. 4. Learned counsel for applicant submits that victim has not supported the prosecution case even in her examination-in-chief and was declared hostile. 5. Learned A.G.A. by referring a recent judgment passed by Supreme Court in the case of K.P. Tamilmaran Vs. The State By Deputy Superintendent of Police 2025 INSC 576 submits that on basis of such nature of evidence, conviction could be made out. 6. Applicant is in jail since 24.07.2023 i.e. less than 2 years and as all material witnesses have been examined, therefore, there is no likelihood to cause influence to any witness and applicant may be released on bail. 7. Considering aforesaid submissions as well as nature of evidence and applicant is in jail since 24.07.2023 and since material witnesses have been examined, there is no likelihood to cause influence to any other witness, therefore, the applicant has made out a case for bail. 8. Let the applicant- Sunil Kumar be released on bail in Case Crime No. 921 of 2017 under Sections 376-D, 506, 363, 34 I.P.C. and section 5/6 Protection of Children from Sexual Offences Act, 2012, Police Station- Kairana, District- Shamli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. 11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 12. Trial Court will take all endeavor to expedite the trial and will take note of judgment of Supreme Court in K.P. Tamilmaran (supra). Order Date :- 30.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad