Neutral Citation No. - 2025:AHC:66818 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37623 of 2024 Applicant :- Chhote @ Chhote Lal Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ashok Kumar,Shivanand Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 6.10.2024. 3. Heard Sri Shivanand Mishra, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.171 of 2024, under Sections 65(2), 352, 351(3) B.N.S. and 5m/6 POCSO Act, Police Station- Bharthana, District- Etawah, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have barged into the house of the informant on 8.7.2024 at about 09:00 p.m. and was seen outraging the modesty of her daughter. 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 too prompt as it was instituted within four hours. There is no medical corroboration of the incident. The FIR was instituted regarding outraging the modesty only, but subsequently, the allegations have been raised to that of rape after legal consultation. 7. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although she is stated to be 16 years old as per ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side in light of the judgment of the Supreme Court in Jaya Mala vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192. 8. Learned counsel for the applicant has further stated that the doctor conducting her medical examination has not observed any injury on her body parts, although he has observed that there was discharge of mucus from her vital parts, but the mucus cannot lead to inference that she was raped upon. The mucus indicates presence of some kind of infection also. It is further argued that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 5.8.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the judgment of the Supreme Court in Jaya Mala (supra) coupled by the fact that there is no medical corroboration of the incident and the allegations of rape have been levelled subsequently, 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- Chhote @ Chhote Lal, 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 :- 29.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad