Neutral Citation No. - 2025:AHC:61822 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46392 of 2024 Applicant :- Bhupendra Opposite Party :- State Of U.P. Through Principal Secretary Home Government Of U.P. At Lucknow And 3 Others Counsel for Applicant :- Dwijendra Prasad,Pradyumna Kumar Counsel for Opposite Party :- G.A.,Rajesh Pratap Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dwijendra Prasad, learned counsel for the applicant, Sri Pramod Kumar Yadav, Advocate holding brief of Sri Rajesh Pratap Singh, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.215 of 2024, under Sections 115(2), 64(1), 127(2), 352, 351(2) B.N.S., 3/4 POCSO Act and 3(2)(v) SC/ST Act, Police Station- Fatehpur Sikri, District- Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the daughter of the informant on 6.10.2024 at about 02:00 p.m. by taking her to his house. The co-accused person is stated to have locked the door from the outside. 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 by about four days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. The allegations have been changed by the victim in her statement recorded U/s 183 B.N.S.S. to the FIR, as such, the said contradiction speaks volume of false implication. The victim by her looks seems to be major. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 7. 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. 8. 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. 9. Let the applicant- Bhupendra, 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. 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 :- 23.4.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad