Neutral Citation No. - 2025:AHC:112468 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22170 of 2025 Applicant :- Gurjeet Pratap Singh Alias Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar,Brajesh Kumar Singh,Rajesh Singh Counsel for Opposite Party :- G.A.,Pratibha Singh Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the informant/ opposite party No. 2. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 396 of 2024, under Sections 5J(2)/6 of POCSO Act, Police Station Sirsaganj, District Firozabad, during the pendency of trial. 3. It is submitted by learned counsel for the applicant that:- i. Initially the F.I.R. was lodged on 01.09.2024 for the alleged offence under Section 137(2) of B.N.S., 2023, against the applicant and co-accused Phoola. ii. During investigation Sections 87, 64 B.N.S. and Section 3/4 POCSO Act were added by the investigating officer, therefore, applicant preferred bail application under Sections 137(2), 87, 64 of B.N.S. and Section 3/4 POCSO Act before the Special Judge (POCSO Act)/ Additional District and Session Judge, Firozabad, which was rejected vide order dated 18.04.2025. iii. After culmination of investigation, charge sheet was submitted under Sections 137(2), 87, 64 B.N.S. and Section 5J(2)/6 POCSO Act. iv. Under the changed circumstances, the applicant moved separate bail application under Section 5J(2)/6 POCSO Act before the Special Judge (POCSO Act)/ Additional District and Session Judge, Firozabad, which was also rejected vide order dated 20.05.2025. v. Thereafter, applicant preferred Criminal Misc. Bail Application No. 16870 of 2025 under Sections 137(2), 87, 64 B.N.S. and Section 3/4 POCSO Act before this Court, in which applicant has been granted bail today (10.07.2025) by this Court. vi. The applicant has preferred the instant bail application only in added Section 5J(2)/6 POCSO Act before this Court. vii. Since the applicant has been granted bail in other major Sections 137(2), 87, 64 B.N.S. and Section 3/4 POCSO Act today (10.07.2025), therefore, he is entitled to be released on bail in added section also. 4. Per contra, learned Additional Government Advocate as well as learned counsel for complainant opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5. Having heard learned counsel for the parties and examined the matter in its entirety, I find that this Court granted bail to the applicant by detail order of even date as noted above for the alleged offence under Sections 137(2), 87, 64 B.N.S. and Section 3/4 POCSO Act considering the following statement of the victim:- "अवललोकन बययान पपीडड़ितया अन्तररत धयारया 183 BNSS.......X D/o Y Age 19 years R/o……... नने सशपथ बययान डदियया डक मनेरया नयाम X हहै मम School नहहीं रई हहहूँ मम अनपढ़ हहहूँ। मम डदिनयानांक 29/08/24 कलो अपनपी मरर्जी सने रगुररपीत कने सयाथ रई थपी मम रगुररपीत ककी सयाथ शयादिपी कर लपी हहै मम रगुररपीत कने सयाथ प्ययार करतपी हहहूँ और 2-3 सयाल सने रयानतपी थपी हम ALLAHABAD मम पडत पत्नपी ककी तरह रह रहने थने अब मम रगुरर्जीत कने सयाथ हपी रहनया चयाहतपी हहहूँ मगुझने अपनने मयाहूँ बयाप कने सयाथ नहहीं रयानया ।" 6. There is no major change in evidence collected by the investigating officer while deleting Section 3/4 POCSO Act and adding Section 5J(2)/6 POCSO Act, hence, the applicant has made out a prima facie case for bail under Section 5J(2)/6 POCSO Act also. 7. Accordingly, the bail application is hereby allowed. 8. Let the applicant-Gurjeet Pratap Singh alias Chhotu, involved in Case Crime No. 396 of 2024, under Section 5J(2)/6 of POCSO Act, be released on bail on the condition mentioned in the order dated 10.07.2025 granting bail to the applicant in Criminal Misc. Bail Application No. 16870 of 2025. Order Date :- 10.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad