Neutral Citation No. - 2025:AHC:70252 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38720 of 2024 Applicant :- Aman Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Adesh Kumar,Ashvni Mishra Counsel for Opposite Party :- G.A.,Rahul Singh Tomar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashvni Mishra, learned counsel for the applicant and Sri Rahul Singh Tomar, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 296 of 2024, under Sections 65(1) & 352 of BNS and Sections 3/4(2) of POCSO Act, Police Station - Lohiyanagar, District - Meerut, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the minor daughter of the informant on 02.07.2024 at about 01:15 PM. 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 five hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that there is no medical corroboration of the incident as victim has not sustained any injury whatsoever. There is no criminal history of the applicant. The applicant is languishing in jail since 03.07.2024 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 and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was of tender age less than 14 years old, as such, the applicant is not entitled for bail. However, they could not dispute 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, nature of offence, period of incarceration, delay in lodging the FIR, the age of the victim and also considering the fact that there is no medical evidence to corroborate the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Aman, 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