Neutral Citation No. - 2025:AHC:30747 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3965 of 2025 Applicant :- Golu Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Hira Lal,Jay Prakash Maurya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 132 of 2024, under Sections 115(2), 333, 352, 351(3), 64 of B.N.S., Police Station Bhudkuda, District Ghazipur, during the pendency of trial. 3. As per the prosecution case, in brief, the complainant who is father of the victim lodged a first information report on 07.10.2024 against the applicant alleging inter alia that on 07.10.2024 at about 1:00 O'clock in the night when his daughter aged about 19 years was sleeping alone in the house, all of a sudden, the applicant barged into his house and by holding the hand of his daughter started molesting her. On raising alarm, several other persons reached there and thereafter information was given to the police by dialing UP112. 4. Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. Earlier, mother of the victim had lodged a first information report on 07.04.2022, which was registered at Case Crime No. 53 of 2022, under Sections 363, 376, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Bhudkuda, District Ghazipur, in which applicant was granted bail by this Court vide order dated 02.02.2023 in Criminal Misc. Bail Application No. 40842 of 2022 considering the fact that as per ossification test report age of the victim was found about 18 years and she had travelled along with the applicant up to Gujarat, but she did not raise any alarm, despite having ample opportunity to do so. Thereafter, when the applicant released on bail, father of the victim, in order to settle his personal score, lodged the F.I.R. of this case on 07.10.2024. Referring the contents of the F.I.R., it is argued that there is no specific allegation of rape or making physical relation with the victim, whereas when statements under Sections 180 and 183 of B.N.S.S. of the victim were recorded, the prosecution case had been improved making allegation of committing forceful physical relation with her. It is also pointed out that when victim was produced for her medical examination, she refused for her internal examination. Under the circumstances, the allegation of the victim is not corroborated from any material evidence on record. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 10.10.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dipsute that in the F.I.R. no allegation of rape has been levelled against the applicant, whereas said allegation has been made during investigation in the statement of the victim. 7. Considering overall facts and circumstances of the case as well as registration of previous F.I.R. as noted above, possibility of false implication of the applicant cannot be ruled out, therefore, I am of the view that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant-Golu Rajbhar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 4.3.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad