Neutral Citation No. - 2025:AHC:38848 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45502 of 2024 Applicant :- Rohit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.,Rahul Kumar,Vibhendu Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Pramod Kumar Dwivedi, learned counsel for the applicant and Sri Vibhendu Mishra, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No.530 of 2024 , under Sections 64, 74, 115(2), 333, 351(3) B.N.S., Police Station Sikandrarao, District Hathras, during the pendency of trial. 4. 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. The FIR is delayed by about 10 hours and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the applicant barged into the house of the victim in the night of 27.09.2024 at about 2:30 a.m. and outraged her modesty by touching her inappropriately. The brother of the applicant had reached there, as such, the applicant and his brother ran away from the place of occurrence. There is no medical corroboration of the incident, as the victim has refused to conduct her internal examination. The allegations of rape have been made for the first time in the statement of victim recorded under Section 183 B.N.S.S. as an after thought. He has further stated that the applicant has criminal history of one case, which has been explained in paragraph 4 of the supplementary affidavit. 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. The applicant is languishing in jail since 17.10.2024 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. and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 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- Rohit Sharma, 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. 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 :- 18.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad