Neutral Citation No. - 2025:AHC:24682 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38468 of 2024 Applicant :- Vikas Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar,Prabha Shanker Mishra,Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.,Gaurav Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajiv Chaudhary, Advocate holding brief of Sri Anjani Kumar, learned counsel for the applicant, Sri Gaurav Tiwari, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.202 of 2024, under Sections 376(3), 506 I.P.C. and Section 3/4 POCSO Act, Police Station Sahibabad, District Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to be the uncle (mausa) of the victim and had ravished her by taking her to a hotel several times and had even threatened her to not to reveal the matter anywhere. The last time he had raped her was on 01.02.2024. 5. 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 more than one and half months and there is no explanation of the said delay caused. It is a clear-cut case of false implication as there is no medical corroboration of the incident. The victim although had deposed against the applicant during her examination-in-chief, but subsequently during her cross-examination taken up after 18 days, she has not supported the prosecution story and has been declared hostile by the public prosecutor. Learned counsel has further stated that a matter of family property dispute has been converted into criminal one by the informant. The said fact stand fortified from the statement of PW-2 who has been examined in court. There is no likelihood of conviction of the applicant in the instant case. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 19.03.2024 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. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 8. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration 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. 10. Let the applicant- Vikas Kumar, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 20.2.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad