Neutral Citation No. - 2025:AHC:68516 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13172 of 2025 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 15.04.2025 but none is present on behalf of the informant. 2. Heard Sri Subhash Chandra Tiwari, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 393 of 2023, under Sections 363, 366, 376(3), 323 of IPC and Sections 3/4(2) of POCSO Act, Police Station - Rasulabad, District - Kanpur Dehat, 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 as alleged in the FIR. There is no criminal history of the applicant. It is further argued that the victim has not supported the prosecution story during her examination-in-chief as PW-2, as such, the applicant is entitled for bail as he is languishing in jail since 30.12.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. 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. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that victim has not supported the prosecution story during her examination-iin-chief as PW-2, I find it a fit case to release the applicant on bail. The bail application is allowed. 7. Let the applicant- Rohit, 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. 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad