Vivek Kumar Singh, J.

1. Vakalatnama as well as counter affidavit have been filed by Sri Sarfraz Ahmad, Advocate, on behalf of the informant and the same is taken on record.

2. Heard learned counsel for the applicant, learned counsel for the informant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

3. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant has not committed any offence as alleged. F.I.R. has been after ten years. There was civil dispute going on between the parties. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.5.2022. It has been pointed out that the applicant has no criminal history.

4. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer.

5. Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

6. Let applicant- Pawan Singh, be released on bail in Case Crime No. 115 of 2022, under Sections- 376, 377, 323 IPC and 5/6 of POCSO Act, Police Station- Turkpatti, District- Kushinagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

7. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

9. In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.