Neutral Citation No. - 2025:AHC:83491 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12678 of 2025 Applicant :- Vijay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kuldeep Singh Tomar, learned counsel for the applicant, Sri Adarsh Srivastava, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 292 of 2024, U/S 5L/6 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr, 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 with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 5. It is submitted by learned counsel for the applicant that the applicant has already been granted bail by this Court passed in Criminal Misc. Bail Application No. 27352 of 2024 vide order dated 21.3.2025 u/s 376(3) IPC and 3/4 POCSO Act. After investigation, the investigating officer has submitted the final report (charge sheet) under section 5L/6 POCSO Act instead of 3/4 POCSO Act. The applicant is entitled for bail in the altered section also. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 29.5.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but have not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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. 9. Let the applicant- Vijay involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. 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 :- 19.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad