HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25376 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Case called out in revised. Shri M.J. Akthar, learned counsel for the applicant is present. Shri Vijay Kant Pandey, learned counsel, who appears in opposition to the bail plea, is not present. Shri M.J. Akthar, learned counsel for the applicant has filed a supplementary affidavit and submits that both PW1 and PW2 have turned hostile before the Trial Court. He also submits that information for taking up the matter was duly conveyed to Shri Vijay Kant Pandey, learned counsel appearing for the first informant. However, he is not present. Since, PW1 and PW2 have turned hostile, in the opinion of the Court, no useful purpose would be served to wait for Shri Vijay Kant Pandey, learned counsel. Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Aamir, seeking enlargement on bail in Case Crime No. 22 of 2024, under Sections 376AB, 323, 504, 506 IPC and Section 5m/6 of POCSO Act and Section 3 (2) 5 of SC&ST Act, Police Station Rampur Karkhana, District Deoria. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.2.2024. Learned counsel for the applicant Versus Counsel for Applicant(s) : Akhilesh Singh, Hemant Kumar Dubey, M J Akhtar, Yogendra Yadav Counsel for Opposite Party(s) : G.A., Vijay Kant Pandey Aamir .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) submits that prosecution witnesses, namely, PW1 and PW2 during their examination before the Trial Court have been declared hostile. They have also been cross examined by the learned DGC, but they failed to support the case of prosecution. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Aamir, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 Ravi Prakash BAIL No. 25376 of 2024 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad