Neutral Citation No. - 2025:AHC:35635 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45244 of 2024 Applicant :- Jagpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Yadav,Hare Ram Pandey,Varun Shankar Dwivedi Counsel for Opposite Party :- Akshay Mohiley,Ankit Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Hare Ram Pandey, learned counsel for the applicant and Sri Ankit Singh, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.240 of 2024, under Sections 376, 323, 504 I.P.C., Police Station- Shivali, District- Kanpur Dehat, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by force and had promised to marry her, but subsequently he is stated to have refused to comply with the said promise and kept on establishing corporeal relationship with her. There are allegations that applicant had made certain photographs and video viral on social media, thereby tarnishing her image in the society. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed and there is no explanation of the said delay caused. The victim is major, although at the initiation of the crime she is stated to be 17 years old, but the said allegations are false. The matter was of consensual relationship between two adolescents and it has been converted to criminal one by the informant. 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 antecedent of the applicant. The applicant is languishing in jail since 22.9.2024 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. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that applicant is an employee in UP Police and brandies power in the locality, as such, he did not let the FIR instituted at his behest. But after much diligence of superior authorities, the FIR could be instituted. The life of the victim has been ruined due to the act of the applicant. 8. Learned counsel for the informant has further stated that there are several photographs available with the victim, but for the betterment of her life, the same are not being produced in this Court. Learned counsel has stated that he has no objection, if the applicant is ready to marry the victim. 9. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and 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. 11. Let the applicant- Jagpal 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 take every endeavor to marry the victim within a period of three months after his release from jail. (ii) 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 11.3.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad