HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19103 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Matter is taken up in the revised call. By means of the second bail application the applicant has prayed to be enlarged on bail in Case Crime No.143 of 2023 at Police Station-Bankata, District-Deoria under Sections 323, 504, 506, 376D, 34 IPC, under Section 5/6 of the POCSO Act and under Section 3(2)5 of the SC/ST Act. The applicant is in jail since 25.08.2023. The first bail application of the applicant was rejected by this Court on 01.04.2024. The following arguments made by Shri Manvendra Narain Pathak, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The applicant has been falsely implicated on account of the village rivalry. 2. The victim in her testimony before the learned trial court has repudiated the prosecution case and has not identified the applicant as the principal offender who committed rape with her. The first informant who is the aunt of the victim has also repudiated the prosecution case in her deposition before the learned trial court. The said witness has been declared hostile at Versus Counsel for Applicant(s) : Manvendra Narain Pathak, R.K.Paramhans Singh Counsel for Opposite Party(s) : G.A. Shamshad Anasari @ Bhuwar Nut .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the instance of the prosecution. 3. Learned counsel for the applicant seeks parity in relief granted to co-accused persons, namely, Vishal Kumar Patel and Rinku Nut @ Riku Nut who have been enlarged on bail by this Court on 21.05.2025 19.05.2025 in Criminal Misc. Bail Application No.5822 of 2025 and Criminal Misc. Bail Application No.3839 of 2024. 4. The applicant does not have any criminal history apart from this case. 5. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Shamshad Anasari @ Bhuwar Nut be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary BAIL No. 19103 of 2025 2 demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. September 15, 2025 Ashish Tripathi BAIL No. 19103 of 2025 3 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad