Neutral Citation No. - 2025:AHC:66411 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34948 of 2024 Applicant :- Ram Prakash Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Gaurav Dwivedi,Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 05.01.2025 but none is present on behalf of the informant. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Gaurav Dwivedi, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 405 of 2024, under Sections 74, 76, 351, 352, 115, 127(2), 65(2), 62 of BNS and Sections 18 read with 5(M)/6 of POCSO Act, Police Station- Sikandra, District - Agra, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and the victim have been examined as P.W. 1 and P.W. 2 in court and have not supported the prosecution story. They have completely resiled from their earlier statement given to the I.O. and the allegations of the FIR. The witnesses have been cross-examined by the public prosecutor after declaring them hostile. There is no possibility of conviction in the present case under the circumstances. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and the fact that both informant and the victim have turned hostile, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Ram Prakash, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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. Order Date:- 29.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad