HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25222 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Anzar with a prayer to release him on bail in Case Crime No.242 of 2024, under Sections 354, 341, 354A, 504, 506 IPC and 9/10 POCSO Act, Police Station Kanth, District- Moradabad, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case due to previous enmity. Accused applicant is languishing in jail since 25.6.2025. It is submitted that the applicant is not named in the FIR and his name came into light on the basis of the statement of the victim recorded during the course of investigation. The victim in her statement recorded under Section 164 Cr.P.C. has stated that applicant in connivance with the other co-accused has committed sexual assault upon her. It is further submitted that the co-accused Mohd. Noor has already been enlarged on bail vide order dated 19.9.2025 passed in Criminal Misc. Bail Application No.26100 of 2025. It is argued that charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that 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. 4. Per contra, learned A.G.A. as well as learned counsel for the informant has opposed the prayer for grant of bail and submits that the accused Versus Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A., Perdeep Kumar Vishnoi Anzar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicant is a habitual offender and previously the applicant was involved in the same incident which had taken place in the year 2023, wherein the applicant and other co-accused were acquitted on the ground that the prosecution witnesses had turned hostile. 5. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 of BNS. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 of BNSS is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A IPC/209 of BNS. BAIL No. 25222 of 2025 2 (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of BNSS If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 7. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 22, 2025 RA BAIL No. 25222 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad