Neutral Citation No. - 2025:AHC:19379 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30504 of 2024 Applicant :- Tedu @ Ismail Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yakub Ali Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri B.P. Singh, learned AGA apprised the Court that notice has been served upon the informant on 04.08.2024. Despite service of notice, none present on behalf of the informant. 2. Heard Sri Ganesh Mani, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 106 of 2023, under Sections 376AB IPC, Section 5M/6 POCSO Act and Section 3(2)(5) SC/ST Act, Police Station Jataha Bazar, District Kushinagar 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 13.12.2023 but he is pressing the instant bail application on the ground in the present matter applicant is in jail since 25.06.2023 i.e. for last more than one and half years and out of 15 witnesses only two witnesses could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 5. He further submits, victim and her mother have already been examined by the trial court, therefore, there is no chance of tampering with the prosecution evidence. He further submits, applicant is not having any criminal history. 6. Per contra, learned AGA opposed the prayer for bail and submits, from the report of CMO concerned, it reflects victim was hardly 15 years of age and after considering this fact, his first bail application was dismissed but he could not dispute the fact that in the present matter applicant is in jail since 25.06.2023 and till date only two prosecution witnesses could be examined out of 15 witnesses. 7. Learned AGA further could not dispute the fact that victim and her mother have already been examined by the trial court and applicant is not having any criminal history. 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 been dismissed by this Court on merit vide order dated 13.12.2023 and considering the fact that in the present matter applicant is in jail since 25.06.2023 i.e. for last more than one and half years, a report was called from the court concerned which is on record and from its perusal, it reflects, till date victim and her mother i.e. only two prosecution witnesses could be examined. 10. Record further suggests that in the charge-sheet there are as many as 15 prosecution witnesses, therefore, argument advanced by learned counsel for the applicant that trial of the case is moving with languid pace and there is no hope of its early disposal cannot be brushed aside. Further, there is no evidence on record which can suggests that applicant is instrumental in delaying the trial. 11. Further, victim and her mother have already been examined, therefore, this Court also finds merit in the argument advanced by learned counsel for the applicant that there is no chance of tampering with the prosecution evidence if applicant would be enlarged on bail. 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 bail application is allowed. 15. Let the applicant - Tedu @ Ismail 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 :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad