Neutral Citation No. - 2025:AHC:66207 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14030 of 2025 Applicant :- Dheeraj Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nar Singh,Poonam Singh Sengar Counsel for Opposite Party :- G.A.,Shiv Babu Dubey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Nar Singh, learned counsel for the applicant, Sri Shiv Babu Dubey, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.17 of 2025, under Sections 64, 115(2), 352, 351(3) B.N.S. and 5/6 POCSO Act, Police Station- Cantt., District- Gorakhpur, 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. The instant case is a clear cut case of false implication. The victim has been examined during trial as PW-1 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. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 9.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application, but could not dispute the said facts. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that victim PW-1 has turned declared hostile during trial, 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. 7. Let the applicant- Dheeraj Singh, 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 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. 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 :- 29.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad