Neutral Citation No. - 2025:AHC:114532 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37753 of 2023 Applicant :- Vikash Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Akhilesh Kumar Mishra,Ashok Kumar Tripathi,Atul Kumar,Mintu Kumar,Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. This is second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No. 22829 of 2018 has been rejected by this Court vide order dated 22.05.2023. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W.1-victim was recorded and she was declared hostile by the learned trial Court, copy of which, is annexed as Annexure-SA1 to the supplementary affidavit, which has been filed today in the Court and is taken on record. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 10.11.2022, having no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 6. Let applicant Vikash involved in Case Crime No.379 of 2022 under Section 376 I.P.C., Police Station Thana Bhawan, District Shamli, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 16.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad