HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40626 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Harshit Pathak, learned counsel for the applicant, Sri Chandra Shekhar Saran, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 206 of 2022 under Sections 376, 506 BNS, 5J(ii)/6 POCSO Act registered at Police Station Nagal, District Saharanpur during pendency of the trial. 3. As per report submitted by Chief Judicial Magistrate, Saharanpur, notice has been served upon opposite party no.2. 4. It is contended by learned counsel for the applicant that first informant has turned hostile before the learned trial court and he has not supported the allegations of the FIR and has stated that there are several boys by the name of the applicant in the village. It is further submitted that victim has already expired as stated by the first informant before the trial court who is her father. It is next submitted that applicant, who has no criminal history, has been languishing in jail since 03.6.2025 and the criminal history shows in the record of the State is against Sakib son of Imran whereas applicant is Sakib son of Burhan. It is lastly submitted that in case applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Harshit Pathak, Vikas Sharma Counsel for Opposite Party(s) : G.A. Sakib .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant. 6. As per the FIR, applicant is said to have committed rape on the victim as a result of which, she became pregnant and she was found to be minor. However, first informant has turned hostile before the learned trial court and he has not supported the allegations of the FIR. The victim has already expired as stated by the first informant before the trial court who is her father. Applicant, who has no criminal history, has been languishing in jail since 03.6.2025. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant Sakib involved in the aforementioned 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, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond BAIL No. 40626 of 2025 2 executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 9, 2026 Madhurima BAIL No. 40626 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad