Neutral Citation No. - 2025:AHC:61140 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47332 of 2024 Applicant :- Jyoti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ankit Shukla, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. 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 21.12.2024. 4. Applicant seeks bail in Case Crime No.939 of 2024, under Sections 55, 65(2) B.N.S. and Section 16/17 POCSO Act, Police Station Kavi Nagar, District Ghaziabad, during the pendency of trial. 5. As per prosecution story, the driver of the school van is stated to have committed aggravated sexual assault with the victim, aged about five years, by touching her inappropriately on several dates. The matter was reported by the victim to her father, as such, the FIR was instituted on 26.09.2024. 6. Learned Senior Counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR does not mention the name of the applicant whatsoever. It is true that the victim is 5 years old only, but the applicant has nothing to do with the said offence. Learned Senior Counsel has further stated that the name of the applicant has come up as an afterthought for the first time in an application filed subsequently by the informant before the police, which is hit by Section 181 of B.N.S.S. and has no evidentiary value in the eyes of law. 7. Learned Senior Counsel has further placed reliance on annexure no.10 to the affidavit filed with the bail application, which indicates that the applicant was appointed as 'Maid' (Grade- 4) in the premises and she bore good moral character and unblemished service record, as such, the applicant is entitled for bail. The applicant is languishing in jail since 27.09.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 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- Jyoti, who is involved in aforementioned case crime be released on bail on her 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. 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 her 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 :- 23.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad