Neutral Citation No. - 2025:AHC:103650 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18732 of 2025 Applicant :- Shoaib Alias Shoyab Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pranshu Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 26.5.2025. 3. Heard Sri Pranshu Gupta, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Special Sessions Trial No.2569 of 2023 (State vs. Shoyab), arising out of Case Crime No. 578 of 2023, under Sections 354-B, 376(2)D, 328 I.P.C., 5/6 POCSO Act and Section 3(2)5 SC/ST Act, Police Station- Nai Mandi, District- Muzaffarnagar, during the pendency of trial. 5. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 1.10.2024. 6. Learned counsel for the applicant has argued that subsequent to rejection of the first bail application, six prosecution witnesses have been examined in court and none of them have supported the prosecution story. The PW-1 is the formal witness, as such, has no effect on the trial. PW-2 and PW-3 are the father and mother of the victim V1, respectively. PW-4 is the informant, who happens to be mother of victim V2. PW-5 and PW-6 are the victims V1 and V2, respectively. All the witnesses have not supported the prosecution story and have been cross-examined by the public prosecutor after declaring them hostile. 7. Learned counsel for the applicant has further stated that the CCTV footage has not been made a part of the trial documents and has not been proved in court, as such, the applicant is entitled for bail. 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 fundamental rights of the applicant, who is languishing in jail since 2.11.2023, as enshrined under Article 21 of the Constitution of India stand violated. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in the case of Union of India vs. K.A. Najeeb, AIR 2021 SC 712, has observed as under:- "We are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent's prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail." 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that CCTV footage of the incident has not been made part of the trial documents coupled with the fact 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. 11. Let the applicant- Shoaib Alias Shoyab, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 3.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad