HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28580 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Jitendra Kumar Shishodia, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.485 of 2024, under Sections 137(2), 143, 217, 248 B.N.S., Police Station AIMS, District Gorakhpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. It is true that the victim is a baby of tender age, but she was found fit to depose, as such, her statement was recorded under Section 183 B.N.S.S. by the Magistrate concerned and she has not allayed any allegation against the applicant or any other person, although she has stated that she was taken by the applicant to his place, but there is no allegation of any indecent act against the applicant. 5. Learned counsel for the applicant has further argued that at the time of medical examination, the victim has categorically stated that she had gone to the house of her uncle the applicant, and she has not allayed any allegation against the applicant in that statement either. There is no criminal history of the applicant. The applicant is languishing in jail since 02.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he Versus Counsel for Applicant(s) : Jitendra Kumar Shishodia Counsel for Opposite Party(s) : G.A. Munna Ansari .....Applicant(s) State of U.P. .....Opposite Party(s) will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. 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 not allayed any allegation against the applicant or any other person, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Munna Ansari, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. September 11, 2025 (Ravi Kant) BAIL No. 28580 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad