Neutral Citation No. - 2025:AHC:84352 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17213 of 2025 Applicant :- Praveen Kumar Alias Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.121 of 2024, under Section 64(2)(f) B.N.S. and 5/6 POCSO Act, 2012, Police Station Kakwan, District Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant herein is the deponent in the instant case. The instant case is a clear-cut case of false implication as the informant has been examined as PW-1 during trial and she has completely resiled from her earlier statement and has been cross-examined by the public prosecutor after declaring her hostile. 5. Learned counsel for the applicant has further argued that the victim has also been examined by the court as PW-2 and she has not supported the prosecution story. She has categorically stated that she had earlier on deposed against the applicant owing to tutoring of her grand-mother. 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 27.11.2024 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. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the informant has turned hostile and the victim has also not supported the prosecution story 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. 8. Let the applicant- Praveen Kumar Alias Sonu, 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. 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad