Neutral Citation No. - 2025:AHC:81175 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35624 of 2024 Applicant :- Munendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.,Mukesh Baghel Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Hanuman Prasad Mishra, holding brief of Sri Mukesh Kumar, learned counsel for the applicant and Sri Mukesh Baghel, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 4. Applicant seeks bail in Case Crime No. 185 of 2024, under Sections 70(2) of BNS and Sections 5G/6 of POCSO Act, Police Station Achhnera, 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. He has nothing to do with the said offence. It is next stated that the victim has been examined as PW-1 during trial and she has completely resiled from her earlier statement and has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 12.07.2024 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 and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that the victim has not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Munendra , 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 the 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. Order Date :- 16.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad