HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32883 of 2026 Court No. - 68 (Sr. No.9 out of 291) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Jainendra Kumar Sharma, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.73 of 2026, under Sections 351(2), 140(4) B.N.S. and Section 5M/6 P.O.C.S.O. Act, Police Station Mundapandey, District Moradabad, 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 witnesses of fact, including the victim, have been examined as PW-1 to PW- 4 during the trial, and they have completely resiled from their earlier statements and have been cross-examined by the Public Prosecutor after being declared hostile. There is no likelihood of the applicant’s conviction in the present case. The applicant has no criminal history and is in jail since 16.03.2026. He is ready to cooperate with the trial and undertakes not to misuse the liberty of bail if released. 5. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, the submissions Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Durvesh @ Tunda .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) made by learned counsel for the parties, and the evidence on record, taking into consideration the fact that the witnesses of fact, i.e., PW-1 to PW-4, have turned hostile, and without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Durvesh @ Tunda, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 16, 2026 (Ravi Kant) BAIL No. 32883 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad