Neutral Citation No. - 2025:AHC:108908 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11891 of 2025 Applicant :- Sudheer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ranjana Singh,Shesh Nath Singh Yadav Counsel for Opposite Party :- G.A.,Ritesh Singh,Suresh Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shesh Nath Singh Yadav, learned counsel for the applicant and Sri Ritesh Singh, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 0099 of 2024, under Sections 452, 354, 323, 504, 506, 342, 376(3) IPC and Section 3/4(2) of POCSO Act, Police Station Patwai, District Rampur, 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. He has nothing to do with the said offence. It is further stated that during trial, four witnesses have been examined and the victim has been examined as PW-2 during trial and she has completely resiled from her earlier statements and has been cross- examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. It is true that PW-1, informant is the contesting witness but he is not an eye witness. It is also true that the victim has sustained certain injuries but the applicant is not the author of the said injury as is but evident from the statement of victim PW-2. 5. There is no criminal history of the applicant. The applicant is languishing in jail since 18.04.2022 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. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that PW-2, victim has 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- Sudheer, 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 the 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad