Neutral Citation No. - 2025:AHC:50783 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39800 of 2024 Applicant :- Ram Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh,Virendra Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Second supplementary affidavit filed by learned counsel for the applicant is taken on record. Counter affidavit filed by learned A.G.A. is taken on record. He has informed that notice to the informant has been served on 28.9.2024. 3. Heard Sri Atul Tej Kulshrestha, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.128 of 2024, under Sections 363, 376(3), 506 I.P.C. and 5(m)/6 POCSO Act, Police Station- Sector-49 Noida, District- Gautam Buddh Nagar, during the pendency of trial. 5. As per prosecution story, the FIR was instituted by the informant regarding his missing daughter against unknown person since 15.3.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. The applicant is not named in the FIR and his name has come up subsequently whereby the victim seems to be a consenting party, but the instant FIR is a fall out of the fact that informant was a tenant in the house of the applicant and the matter of rent control act has been converted to criminal one. 7. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, but she is not trace-able at this point of time, as such, her ossification test could not be conducted. There is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.6.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration that victim is not trace-able and there is no ossification test report to ascertain her age coupled by the fact that the FIR is delayed and there being no medical corroboration of the incident as also the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 11. Let the applicant- Ram Sharma, 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 following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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. Order Date :- 8.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad