Neutral Citation No. - 2025:AHC:50680 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47099 of 2024 Applicant :- Avi @ Aviya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- Ajay Kumar Yadav,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Raghuraj Singh, learned counsel for the applicant, Sri Ajay Kumar Yadav, learned counsel for the informant and Sri Kushagra Srivastava, learned State Law Officer for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 17.12.2024. 4. Applicant seeks bail in Case Crime No. 98 of 2024 under Sections 452, 376 I.P.C. and 3/4 of POCSO Act, Police Station Fariha, District Firozabad during the pendency of trial. 5. As per prosecution story, the applicant is stated to have outraged the modesty of the victim on 04.06.2024 at 12:30 AM. 6. 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 one day and there is no explanation of the said delay caused. The F.I.R. was instituted regarding outraging the modesty of the victim only but the said allegations have been escalated to that of rape in the statement of the victim recorded under Section 164 Cr.P.C. after legal consultation. 7. Learned counsel for the applicant has further argued that even the statement recorded under Section 164 Cr.P.C. is itself contradictory. The victim by her looks seems to be major and she has stated in her statement recorded under Section 164 Cr.P.C. that she is 16 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 03.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant as well as learned State Law Officer vehemently opposed the bail application on the ground that victim was 14 years old as per her school certificate. 9. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 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, 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. 11. Let the applicant- Avi @ Aviya, 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. 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 :- 8.4.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad