Neutral Citation No. - 2025:AHC:80458 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47266 of 2024 Applicant :- Neetu Alias Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Babu Tiwari Counsel for Opposite Party :- G.A.,Mohammad Faisal Khan Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned counsel for the applicant does not propose to file rejoinder affidavit. 3. Heard Sri Manish Kumar, learned counsel for the applicant and Sri Mohammad Faisal Khan, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.162 of 2024, under Sections 74, 64 B.N.S. and 3/4(2) POCSO Act, Police Station- Jansath, District- Muzaffar Nagar, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant aged about 14 years on 25.7.2024 at about 03:00 p.m. and had subsequently left her on way after outraging her modesty. 6. 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. The FIR is too prompt as it was instituted within a period of four hours. There is no allegation of rape in it. 7. Learned counsel for the applicant has further stated that subsequently the allegations have been escalated but the victim has categorically denied of having been subjected to any kind of rape by the applicant in her statement recorded U/s 183 B.N.S.S. Although she has stated that applicant had bitten on her right shoulder, the said case does not go beyond the outraging of modesty. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 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 statement of the victim recorded U/s 183 B.N.S.S. whereby she has denied of having been subjected to any kind of rape by the applicant, 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- Neetu Alias Rahul, 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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 :- 15.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad