Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84539 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17171 of 2025 Applicant :- Azam Rayeen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rohit Kumar,Surabhi Chandra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Raghuvansh Chandra, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Learned A.G.A. has informed that the notice to the informant has been served on 04.05.2025.
4. Applicant seeks bail in Case Crime No.318 of 2024, under Section 5/6 POCSO Act, 2012, Police Station Phoolpur, District Prayagraj, during the pendency of trial.
5. Learned counsel for the applicant has stated that the applicant was granted bail by this Court vide order dated 18.3.2025 passed in Criminal Misc. Bail Application No.45037 of 2024 and later on, the final report (charge-sheet) has been submitted in the added Section of 5/6 POCSO Act. Learned counsel has further stated that the applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. There is no criminal history of the applicant. The applicant is languishing in jail since
07.10.2024. In case, he is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has also not disputed the said facts.
7. In the judgments of Supreme Court passed in Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although, the instant case is of regular bail but it can be considered to be on better footing.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, taking into
consideration the aforementioned judgments of the Supreme Court 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- Azam Rayeen, 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad