Neutral Citation No. - 2025:AHC:83061 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15741 of 2025 Applicant :- Shiv Kumar Alias Guddan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Arun Kumar Tripathi, learned counsel for the applicant and Sri Tripurari Pal, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 546 of 2024, under Sections 65(1), 351(2), 352 of BNS and Sections 4(2) of POCSO Act, Police Station Tirwa, District Kannauj, 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. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is next stated that the victim and the informant have been examined as PW-1 and PW-2 respectively during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 15.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that the victim and the informant have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Shiv Kumar Alias Guddan, 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 the 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad