Neutral Citation No. - 2025:AHC:65453 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46094 of 2024 Applicant :- Adesh Yadav Alias Prashant Alias Chunnu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.,Onkar Nath Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Ajay Kumar Vashistha, learned counsel for the applicant and Sri Onkar Nath, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 209 of 2024, under Sections 191(2), 115(2), 352, 324(4), 74, 351(2), 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Amapur, District - Kasganj, during the pendency of trial. 4. As per prosecution story, the applicant along with co-accused person is stated to have assaulted the informant and other family members causing injuries to three persons in all on 11.08.2024 at about 01:00 PM. There are particular allegations against the applicant of having outraged the modesty of the daughter and mother of the informant. 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 was instituted regarding the physical assault and outraging the modesty only but the said allegations have been escalated to that of rape in the statement of the victim recorded u/s 180 & 183 BNSS. The said allegations have been made after legal consultations. 6. Learned counsel has further stated that there is a cross-version of the instant FIR as the NCR was instituted on the same night i.e. on 11.08.2024 at about 22:52 hours by the applicant against the informant and other family members wherein the applicant has also sustained grievous injuries. Since there being a cross-version to the instant FIR, it cannot be ascertained at this point of time as to which party was the aggressor one. There is no criminal history of the applicant. The applicant is languishing in jail since 12.09.2024 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 State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the complete NCR has not been appended with the supplementary affidavit filed by the learned counsel for the applicant. The cross-version has been falsely created by the applicant just to get the help during adjudication of his bail. There are three injured persons from the side of the informant and the victim has further stated that the applicant had raped her about two months before the incident, as such, he is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that the allegations of rape were not made in the FIR coupled by the fact that there is no medical corroboration of rape and there being a cross-version as NCR was instituted by the applicant against the informant and other family members, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Adesh Yadav Alias Prashant Alias Chunnu, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 28.4.2025/Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad