Neutral Citation No. - 2025:AHC:106122 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34014 of 2024 Applicant :- Rakesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhijeet Singh,Mohd. Monis Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 18.09.2024. 3. Heard Sri Abhijeet Singh, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 124 of 2020, under Sections 363, 366, 368, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station-Tronica City, District-Ghaziabad, during the pendency of trial. 5. This is the second bail application. First bail application was rejected by this Court vide order dated 08.02.2023. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. Learned counsel has stated that applicant is incarcerated since 17.03.2020, as such more than five years has passed and even the earlier order was passed about two years before. Only five witnesses have been and there is no likelihood of the conclusion of trial in near future, as such, the fundamental rights of the applicant as enshrined under Article 21 of the Constitution of India stands violated. There is no injury sustained by the victim and the victim was 18 years old as per ossification test, as such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 17.03.2020 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that applicant is incarcerated for more than five years and there is no likelihood of early conclusion of trial 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. 10. Let the applicant-Rakesh, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 7.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad