Neutral Citation No. - 2025:AHC:11223 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22662 of 2024 Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Others Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Rejoinder affidavit filed by counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 3. This third bail application has been filed by the applicant- accused in Case Crime No.109 of 2020, under Sections - 376D, 305, 120-B IPC and Section 5/6 POCSO Act, Police Station- Dadon, District-Aligarh, with the prayer to enlarge the applicant- accused on bail. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The alleged incident took place on 23.4.2020 and victim has committed suicide on 25.4.2020 and the first information report was lodged thereafter. In fact, victim was having affair with the applicant and as in the Panchayat applicant was humiliated, due to which, deceased has committed suicide. 5. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 8.2.2021 and second bail application was rejected vide order dated 19.12.2022. While rejecting second bail application, the trial court was directed to expedite the trial and to decide the same preferably within a period of 9 months. After rejection of second bail application, a period of more than two years has passed but trial has not been concluded so far. During trial, only three witnesses have been examined. PW-1, who is informant of the case, is not eye-witness of the alleged incident. PW-2, who is sister of deceased, was shown eye-witness but in her statement before the trial court, she has not supported the prosecution version and turned hostile. Grand-mother of deceased was also shown witness and she has since passed away. There is no other witness of fact. 6. It is further submitted that applicant is languishing in jail since 26.4.2020 and thus the applicant has already undergone detention of about 4 years and 9 months and trial of the case would take sufficient long time. Lastly, it is submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and would co-operate in trial. 7. Learned A.G.A. has opposed the prayer for bail and submitted that first and second bail application of applicant have already been rejected, however, it could not be disputed that eye-witness PW-2 has not supported the prosecution version and turned hostile. 8. Considering submissions of learned counsel for the parties and all attending facts, particularly the period of detention, without expressing any opinion on the merits, a case for bail is made out. 9. The bail application is allowed. 10. Let the applicant - Vinod Kumar involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 22.1.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad