Neutral Citation No. - 2025:AHC:25078 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42057 of 2024 Applicant :- Gulshan Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- Dhiraj Kumar Pandey,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anil Kumar Mishra, learned counsel for the applicant, Sri Dhiraj Kumar Pandey, learned counsel for the informant and Ms. Ifra Islam, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 205 of 2023, under Sections 376, 506 I.P.C. and 5L/6 POCSO Act, Police Station Kutubsher, District Saharanpur during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim about five months before institution of F.I.R. and had continued the said relationship. 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. There is no medical corroboration of the incident. Even the victim seems to be major by her looks although she is stated to be 16 years old. 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 02.08.2023 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. has vehemently opposed the bail application and submitted that the injury report indicates that the victim might have been subjected to sexual assault about five months before the incident. 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- Gulshan Kumar, 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