HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33359 of 2026 Court No. - 68 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 11.9.2026. 2. Heard Sri Irshad Ahmad, learned counsel for the applicant as well as Sri R.P. Singh, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 89, 238, 351(3), 127(2), 64(2)F BNS and 3/4 POCSO Act, Police Station Hajratnagar Garhi, District Sambhal, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has been examined as P.W.-2 during trial and she has completely resiled from her earlier statement given to the Investigating Officer and the allegations of the FIR, as she is stated to have married the applicant. The witness has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction in the present case under the circumstances. The fundamental rights of the applicant as enshrined in Article 21 of the Constitution of India stand violated. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 25.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Nazim .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the witnesses have turned hostile, 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. 8. Let the applicant- Nazim, 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 verification of sureties, with the following conditions: (i) The applicant is being released on bail on the assurance of the counsel for the applicant that applicant is very much willing to take care of his wife (victim). The applicant shall deposit (Fixed Deposit) a sum of Rs. 1 lakh in her name within a period of three months from the date of his release from jail. (ii) The applicant shall not tamper with evidence during trial. (iii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iv) 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. September 18, 2026 Shalini BAIL No. 33359 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad