Neutral Citation No. - 2025:AHC:25586 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42200 of 2024 Applicant :- Sundar Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- Abhishek Kumar Shukla,G.A.,Ram Ashish Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lavkush Dixit, learned counsel for the applicant, Sri Ram Ashish Pandey, learned counsel for the informant and Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 218 of 2024, under Sections 376D, 323, 406, 504, 328, 506 I.P.C. Police Station Kotwali, District Etawah during the pendency of trial. 4. As per the prosecution story, the victim has levelled two types of allegations in the F.I.R., one is of having taken Rs. 50,000/- (Fifty Thousand) from her and another is of having being sexually assaulted and passing casteistic remarks on her. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. F.I.R. is delayed by about five months and there is no explanation of the said delay caused. Even the application under Section 156(3) Cr.P.C. has been moved on 06.03.2024 which is delayed by 8 days and there is no explanation of the said delay. There is no medical corroboration of the said incident. Both victim and applicant are major. 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 22.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. 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- Sundar, 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 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad