Neutral Citation No. - 2025:AHC:70353 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39640 of 2024 Applicant :- Ashish Ram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bachcha Singh Counsel for Opposite Party :- G.A.,Kamal Kumar,Pooja Thakur Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bachcha Singh, learned counsel for the applicant and Sri Kamal Kumar and Ms. Pooja Thakur, learned counsels for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 477 of 2024, under Sections 65(1), 115(2), 351(3), 352 of BNS and Sections 3/4(2) of POCSO Act, Police Station - Bairaiya, District - Ballia, 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, aged about 13 years, on 02.08.2024 at about 12:30 PM by taking her to his house. 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. 6. Learned counsel has also stated that the applicant lives in his maternal grand-father and grand-mother's house and the informant keeps jealousy to him regarding the said property which he has inherited from them. The instant case was a physical brawl between the applicant and the informant and the injuries sustained by the informant are simple in nature. The case of property dispute has been converted into a criminal case by the informant as an embellishment. The allegations have deliberately been escalated by the informant to rape. 7. Learned counsel has further stated that there is no medical corroboration of the incident as the victim has not sustained any injuries whatsoever. Even the medical report of the informant does not match with the contents of the FIR. The FIR has been instituted after three days of the incident and the medical examination has been conducted on 05.08.2024, although, the medical report indicates that the injuries are two days old only which do not match with the date of incident. There is no criminal history of the applicant.The applicant is languishing in jail since 07.08.2024 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. Per contra, learned AGA and learned counsels for the informant have 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, period of incarceration and also considering the medical report of the informant, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ashish Ram, 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. 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:- 2.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad