Neutral Citation No. - 2025:AHC:70233 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36445 of 2024 Applicant :- Munna Lal Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Singh Yadav,Rohit Nandan Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 05.10.2024 but none is present on behalf of the informant. 2. Heard Sri Mahendra Singh Yadav, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 134 of 2024, under Sections 65(1), 115(2), 352, 351(2) of BNS and Sections 3/4 of POCSO Act and Sections 3(2)(V) of SC/ST Act, Police Station - Lohata, District - Varanasi, during the pendency of trial. 4. As per prosecution story, on 20.07.2024 at about 06:30 PM, the applicant is stated to have taken the victim to the bathroom and had committed aggravated sexual assault to her which comes within the definition of rape. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations are false as no internal or external injury has been observed by the doctor conducting the medical examination of the victim.The victim is stated to be 14 years old but the said statement is false. It is a clear cut case of false implication. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 22.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, period of incarceration and the fact that there is a delay in lodging the FIR and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Munna Lal Yadav, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 2.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad