Neutral Citation No. - 2025:AHC:108180 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51002 of 2023 Applicant :- Sunil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashutosh,Deepak Singh Yadav,Indra Deo Mishra,Sheo Ram Singh,Swarn Lata Suman Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. Supplementary affidavit filed today is taken on record. 2. List has been revised. 3. Heard Sri Deepak Singh Yadav along with Ms. Swarn Lata Suman, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.326 of 2023, under Sections 363, 366 and 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Civil Lines, District Rampur, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant has not supported the prosecution story during cross-examination. The victim has been examined as P.W.-2 and she has been declared hostile by the public prosecutor at the time of cross-examination. The victim seems to be a consenting party and is major. 6. It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 06.10.2023 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. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that witnesses of fact have turned hostile 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. 9. Let the applicant- Sunil, 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 :- 8.7.2025 CS/- (Justice Krishan Pahal) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad