Neutral Citation No. - 2025:AHC:137804 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27534 of 2025 Applicant :- Ehtesham Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Parvej Alam Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri M. Asif, Advocate holding brief of Sri Parvej Alam, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 22.4.2025 passed in Criminal Misc. Bail Application No.12955 of 2025. 4. Applicant seeks bail in S.T. No.1521 of 2025 arising out of Case Crime No.61 of 2025, under Sections 333, 64, 115(2) B.N.S. and Section 3/4 POCSO Act, Police Station Afzalgarh, District Bijnor, during the pendency of trial. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has been examined during trial and she has completely resiled from her earlier statements and has been cross- examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. 6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 01.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim has turned hostile, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Ehtesham, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 13.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad