Neutral Citation No. - 2025:AHC:115193 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15345 of 2025 Applicant :- Anil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Kumar Agrahari,Sudhir Mehrotra Counsel for Opposite Party :- G.A.,Pankaj Kumar Tiwari Hon'ble Sameer Jain,J. 1. Shri R. N. Srivastava, learned A.G.A. for the State apprise the Court that on 01.05.2025, notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant to oppose this second application for bail. 2. Heard Sri D. K. Agrahari, learned counsel for the applicant and Sri R. N. Srivastava, learned A.G.A. for the State-respondent. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.81 of 2023, under Section 376 I.P.C. and Sections 3/4 POCSO Act, Police Station- Agauta, District- Bulandshahr, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 26.09.2023 and he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 17.05.2023 i.e. for last more than two years and till date trial of the case could not be concluded. 5. He further submits that till date only two witnesses could be examined by the trial court, out of total nine witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial of the case. 6. He further submits that victim of the case has already been examined by the trial court as P.W.-2, therefore, there is no chance of any tampering with the prosecution evidence if applicant be enlarged on bail. 7. He further submits that applicant is having no criminal history to his credit and therefore, considering the totality of facts and circumstances of the case, applicant should be released on bail. 8. Per contra, learned A.G.A. opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court after considering the entire facts of the case but could not dispute the fact that applicant is in jail in the present matter since 17.05.2023 i.e. for last more than two years and till date only two witnesses could be examined by the trial court, out of total nine witnesses of the charge-sheet. 9. He further could not dispute the fact that victim of the case has already been examined by the trial court and applicant is having no criminal history to his credit. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but it reflects, applicant is in jail in the present matter since 17.05.2023 i.e. for last more than two years and till date only two witnesses could be examined by the trial court, out of total nine witnesses of the charge-sheet, therefore, there is no hope of early disposal of the trial of the case. 12. Further, record also suggests that victim of the case has already been examined by the trial court. Considering this fact the, argument advanced by learned counsel for the applicant that there is no chance of any tampering with the prosecution evidence if applicant be enlarged on bail, cannot be ruled out. 13. Further, applicant is having no criminal history to his credit. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Anil be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad