Neutral Citation No. - 2025:AHC:11178 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28895 of 2024 Applicant :- Jai Prakash Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar,Sunil Vashisth Counsel for Opposite Party :- G.A.,Shailendra Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Dileep Kumar, learned counsel for the applicant, Sri Utkarsh Kumar Singh, learned Advocate holding brief of Sri Shailendra Singh, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 171 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Barua Sagar, District Jhansi during pendency of the trial. 4. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 30.10.2023 but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 15.11.2021 i.e. for last more than three years and till date trial of the case is still pending. 5. He further submits, as victim of the case has already been examined, therefore, there is no chance of tampering with the prosecution evidence. 6. He further submits, as far as merit of the present case is concerned, victim however made allegation of rape against the applicant in her statement recorded under Section 161 Cr.P.C. but no such allegation has been made by her against the applicant in her statement recorded under Section 164 Cr.P.C. He further submits, applicant is not having any criminal history. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court after considering the fact that applicant was the teacher of the victim but they could not dispute the other arguments on fact advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. This is second bail application filed on behalf of the applicant and first bail application of the applicant has already been dismissed by this Court after considering the fact that applicant was teacher of the victim but it reflects that in the present matter applicant is in jail since 15.11.2021 i.e. for last more than three years and till date trial of the case could not be concluded. 10. Record further suggests that victim of the case has already been examined by the trial court and considering this fact, the argument advanced by learned counsel for the applicant that as victim of the case has already been examined by the trial court, therefore, there is no chance of tampering with the prosecution evidence, cannot be brushed aside. 11. Further, victim has made allegation of rape in her statement recorded under Section 161 Cr.P.C. but no such allegation was leveled by the victim in her statement recorded under Section 164 Cr.P.C. 12. Further, applicant is not having any criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application is allowed. 15. Let the applicant - Jai Prakash Kushwaha 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. 16. 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. 17. 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 :- 22.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad