HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28648 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Dewendra Singh, learned counsel for applicant and Sri Alok Sharma, learned AGA for State. 2. Applicant has approached this Court for bail in Case Crime No. 343/2021 under Sections 363, 376 IPC and Section 3/4 of POCSO Act, Police Station- Kotwali Nagar, District Muzaffar Nagar. 3. In present case, examination-in-chief of PW-1 (victim) was recorded on 27.10.2023 and cross examination was deferred. Thereafter, said witness has not come forward to depose further despite bailable warrants were issued and finally her cross examination was concluded after 3 dates i.e. 09.01.2024, 10.10.2024 and 16.10.2024. 4. Learned counsel for applicant submits that in cross examination, victim has denied any allegation of physical relationship as well as that she on her own will went with the applicant, a prior acquaintance. 5. Learned AGA has opposed above submissions and submits that victim was a minor girl, therefore, consent if any is immaterial and she was not declared hostile during trial. 6. I have considered above submissions and also considered the nature of evidence before trial Court as well that applicant is in jail since Versus Counsel for Applicant(s) : Asheesh Kumar Tiwari, Dewendra Singh Counsel for Opposite Party(s) : G.A. Moseen .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 15.06.2021 i.e. more than 4 years and that there is no probability that applicant may influence the victim as her examination and cross examination has been over and also considered that trial is moving in snail's speed, therefore, this Court is of the view that applicant has made out a case for bail. 7. Let the applicant- Moseen be released on bail in above referred case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel BAIL No. 28648 of 2025 2 the bail and send the applicant to prison. 9. The bail application is allowed. 10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 11. Trial Court will take all endeavour to expedite the trial. September 4, 2025 N. Sinha BAIL No. 28648 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad