Neutral Citation No. - 2025:AHC:89637 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5405 of 2025 Applicant :- Chandra Has Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record. 2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 3. The present third bail application has been filed by the applicant-accused in Case Crime No. 669 of 2019, under Sections - 363, 366, 376, 504, 506 IPC and Sections 5/6 of Protection Of Children from Sexual Offences Act, Police Station - Jalalabad, District- Shahjahanpur with the prayer to enlarge the applicant- accused on bail. The first and second bail applications of applicant were rejected by this Court vide orders dated 05.04.2022 & 21.02.2024. 4. It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant is not named in first information report, which was lodged against co-accused Bade Lalla and Rajat. Learned counsel has referred the statement of victim girl, recorded under section 161 CrPC, wherein, she has inter-alia stated that co-accused Rajat and Rajani have got her married with applicant and thereafter, they have lived as husband and wife and that now she wants to live with her husband. In her statement, under section 164 CrPC, victim girl has developed a false version that applicant and co-accused Bade Lalla have committed rape up on her. It is further submitted that second bail application of applicant was rejected by this Court vide order dated 21.02.2024. While rejecting the second bail application of application, trial court was directed to expedite the trial and to conclude the same as early as possible, preferably within a period of one year but the trial has not been concluded so far. After rejection of second bail application of applicant, the statement of victim has been recorded before the trial court wherein she has not supported prosecution version and turned hostile. In her statement before the trial court, she has categorically stated that applicant has not committed any rape upon her and he has also not enticed her away. The victim has not made any incriminating statement against the applicant. It is further submitted that the applicant in jail since 02.01.2021 and thus, he has already undergone detention of more than four years and that trial of the case is likely to take sufficient long time. It is further submitted that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first and second bail applications of applicant have already been rejected on merits. It was stated that the victim is a minor girl but it could not be disputed that in her statement recorded before the trial court, she has not supported the prosecution version. 6. Considering the submissions of learned counsel for the parties and all attending facts, including the statement of victim recorded before the trial court, without expressing any opinion on the merits, a case for bail is made out. Hence, the third bail application is hereby allowed. 7. Let the applicant-accused - Chandra Has, involved in aforesaid crime be released on bail on furnishing 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-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused 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-accused 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. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 26.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad