Neutral Citation No. - 2025:AHC:80294 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40167 of 2024 Applicant :- Umesh Kumar Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hanuman Deen Verma 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 24.10.2024 but none is present on behalf of the informant. 2. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Hanuman Deen Verma, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 0188 of 2024, under Sections 70(2), 127(1), 352, 351(2) of BNS and Sections 5/6 of POCSO Act, Police Station - Mehdawal, District - Sant Kabir Nagar, during the pendency of trial. 5. The FIR was instituted by the informant stating that the named accused person Ravindra had committed rape with her on 24.04.2024 at about 09:00 PM. 6. 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. It is also alleged in the FIR that the applicant has hurled abusive remarks to her. 7. Learned counsel has also stated that the victim herself has instituted the FIR and has not nominated the applicant in it. The same version was reiterated by her in her statement recorded u/s 180 BNSS. Subsequent to it, the name of the applicant has been introduced to have taken the victim to his house whereby he had closed the door from outside and the co-accused person Ravindra had committed rape with her. The name of the applicant has been introduced after due deliberations and legal consultations. 8. Learned counsel has further stated that the victim by her looks seems to be major although as per ossification test report, her age has come out to be 15 years. There is no medical corroboration of the incident. The case of the applicant is at a different footing to the case of co-accused Ravindra. There is no criminal history of the applicant. The applicant is languishing in jail since 28.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, age of the victim and also considering the inconsistency in the statements of the victim to the FIR coupled by the fact that there is no medical corroboration of the incident either, I find it a fit case to release the applicant on bail. 11. Accordingly, the bail application is allowed. The case of the applicant stands distinguished to the case of co-accused Ravindra. 12. Let the applicant- Umesh Kumar Gupta, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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:- 15.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad