Neutral Citation No. - 2025:AHC:25142 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53188 of 2023 Applicant :- Devkunwar @ Rabbada Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Saran,Ram Murti Yadav,Rohan Gupta,Shobhit Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by the State-respondent is taken on record. 2. Sri Brijesh Pratap Singh, learned AGA has informed the Court that notice has been served to the informant on 9.12.2023 but despite service of notice none appeared on behalf of the informant. 3. Sri Jitendra Kumar Rawal, learned counsel submits that he has filed his power on behalf of the informant in the office of this Court but his name has not shown in the cause list. 4. Heard Sri Sobhit Yadav, learned counsel for the applicant and Sri Jitendra Kumar Rawal, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 5. The instant application has been filed seeking release of the applicant on bail in Case Crime No.516 of 2023, under Sections- 376-AB, 506 IPC and Section 5/6 POCSO Act, Police Station- Sumerpur, District- Hamirpur, during pendency of the trial in the court below. 6. Learned counsel for the applicant submitted that as per allegation, applicant committed rape with the victim who was hardly 12 years of age but entire allegation levelled against him was totally false and this fact is evident from the statement of the victim recorded before the trial court. He next submitted that when victim appeared before the trial court as P.W.-2, then she did not support prosecution case and she has been declared hostile and her statement recorded before trial court has been annexed at page no.10 of the supplementary affidavit dated 12.11.2024. 7. He further submitted that the applicant is not having any criminal history and in the present matter he is in jail since 23.10.2023 for last more than a year. 8. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, there is allegation that applicant committed rape upon the girl of 12 years of age but it appears during trial, victim did not support prosecution case and has been declared hostile. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 23.10.2023. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Devkunwar @ Rabbada be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activities. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad