Neutral Citation No. - 2025:AHC:81108 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16702 of 2025 Applicant :- Chhotey Lal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shivam Singh, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.575 of 2024, under Sections 70(2) B.N.S. and 5G/6 POCSO Act, Police Station- Bisalpur, District- Pilibhit, during the pendency of trial. 4. Learned counsel for the applicant has stated that in the instant case the applicant was enlarged on bail by this Court under Sections 74, 70(1), 352, 351(2) B.N.S. and 7/8, 3/4(2) POCSO Act vide order dated 24.3.2025 passed in Criminal Misc. Bail Application No.5442 of 2025. Later on during investigation, Sections 70(2) B.N.S. and 5G/6 POCSO Act have been added. Learned counsel has further stated that the applicant has not misused the said liberty granted to him earlier on. 5. Learned counsel for the applicant has placed much reliance on the judgments of the Supreme Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another, 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, 2018 SCC OnLine SC 3428, wherein 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. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 17.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. 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 that applicant was already enlarged on bail in the instant case crime, 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- Chhotey Lal, 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 pressurize/intimidate 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 :- 16.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad