Neutral Citation No. - 2025:AHC:74564 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15620 of 2025 Applicant :- Bhaiyan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashwani Kumar Singh,Devendra Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashwani Kumar Singh, learned counsel for the applicant, Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. Learned State Law Officer has informed that the notice to the informant has been served on 29.04.2025. 4. Applicant seeks bail in Case Crime No.108 of 2022, under Sections 363, 366, 376(3), 323 I.P.C. and Section 6 POCSO Act, Police Station Manjhanpur, District Kaushambi, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant was granted bail in the instant case by the Co-ordinate Bench of this Court vide order dated 18.02.2025 passed in Criminal Misc. Bail Application No.7831 of 2023, but he could not be released on bail as at the stage of taking of cognizance, sections have been changed from Section 376(2)Jha I.P.C. to Section 376(3) I.P.C. and Section 3/4 POCSO Act to Section 6 POCSO Act. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 04.07.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the aforesaid facts 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- Bhaiyan, 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 8.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad