Neutral Citation No. - 2025:AHC:25534 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42185 of 2024 Applicant :- Krishna Thakur Alias Chirag Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Mohan Pandey Counsel for Opposite Party :- Archana Tiwari,Dhirendra Kumar Verma,G.A.,Renu Swarnkar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Mohan Pandey, learned counsel for the applicant, Ms. Archana Tiwari, learned counsel for the informant and Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 68 of 2024, under Sections 64, 74, 75, 78, 115(2), 351(3) of B.N.S. and Section 7/8 and 3/4 of POCSO Act, Police Station Pheelkhana, District Kanpur Nagar during the pendency of trial. 4. The applicant is stated to have outraged the modesty of the victim on 20.08.2024 at about 07:00 PM. 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 one month and there is no explanation of the said delay caused. Allegations of rape have been levelled in the statement of the victim recorded under Section 183 B.N.S.S. which have been made after legal consultation. The F.I.R. and the statement of the victim recorded under Section 183 B.N.S.S. are silent about any sexual assault. There is no medical corroboration of the incident. 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 02.10.2024 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 A.G.A. has 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- Krishna Thakur Alias Chirag Singh 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