Neutral Citation No. - 2025:AHC:109213 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27380 of 2024 Applicant :- Sanjay Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Shri Santosh Nigam, learned A.G.A. for the State-respondent apprise the Court that on 27.07.2024, notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant to oppose this second application for bail. 2. Heard Shri S. B. Singh, Advocate holding brief of Shri Sanjay Kumar Pandey, learned counsel for the applicant and Shri Santosh Nigam, learned AGA for the State-respondent. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.0219 of 2023, under Section 363 I.P.C. and Sections 5/6 POCSO Act, Police Station Bansgaon, District Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 11.08.2023 passed in Criminal Misc. Bail Application No.33718 of 2023 but he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 29.05.2023 i.e. for last more than two years and during trial when prosecutrix appeared before the trial court as P.W.-3 then in her cross-examination, she categorically stated that applicant did not make any physical relationship with her. He submits, her statement recorded before the trial court has been annexed alongwith supplementary affidavit dated 03.10.2024 filed in support of the instant second bail application. 5. He further submits that applicant is having no criminal history to his credit. 6. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 11.08.2023 after considering the merit of the case but could not dispute the fact that from the statement of the prosecutrix recorded before the trial court, it reflects that she in her cross-examination categorically stated that applicant did not make any physical relationship with her. 7. 7. He further could not dispute the fact that applicant is in jail in the present matter since 29.05.2023 i.e. for last more than two years. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 11.08.2023 after considering the merit of the case but it reflects when prosecutrix appeared before the trial court as P.W.-3 then before the trial court, she in her cross- examination categorically stated that applicant did not make any physical relationship with her. 10. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 29.05.2023 i.e. for last more than two years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Sanjay Prajapati, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 9.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad