Neutral Citation No. - 2025:AHC:88392 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35741 of 2024 Applicant :- Indrajeet Gautam Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Balram Singh,Shesh Narain Mishra Counsel for Opposite Party :- G.A.,Pawan Kumar Mishra Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record. 2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. None has appeared on behalf of opposite party no.2 despite taking case in revised list. 3. The present second bail application has been filed by the applicant-accused in Case Crime No. 983 of 2021, under Sections 376, 504, 506 IPC and Section 3/4 of POCSO Act, P.S.- Nandgram, District- Ghaziabad with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 31.01.2024. 4. It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. As per prosecution version, the informant was working in the Nursing Bureau of the applicant/accused and that he has come at the house of informant for treatment of her mother-in-law and that he has prepared an obscene video of her minor daughter and later on committed rape upon her. Learned counsel submitted that the allegation of rape levelled against the applicant, is wholly false. No date of alleged incident has been mentioned. During investigation, no such video has been seized or found. It is further submitted that as per school record, age of victim was shown 15 years and her ossification test has not been conducted and in fact she is a major girl. As per medical examination report, no injury has been shown on the body of victim. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 31.01.2024 and the trial court was directed to expedite the trial and to conclude the same preferably within a period of seven months but trial of the case has not been concluded so far. The material witnesses, including victim, have already been examined before the trial court and thus, there is no possibility of tampering with evidence. The applicant is in jail since 08.09.2021 and thus, he has already undergone the detention of about three years and nine months and that trial of the case is likely to take sufficient long time. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that the victim is a minor girl aged about 15 years and in her statement before the trial court, she has made allegations of rape against the applicant. 6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Indrajeet Gautam, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 22.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad