Neutral Citation No. - 2025:AHC:89384 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3470 of 2025 Applicant :- Sunny Alias Yogesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Prabha Shanker Bharti Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Prabha Shanker Bharti, learned counsel for the informant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on the record. 3. Applicant seeks bail in Case Crime No.226 of 2024, under Sections 64(2)M of B.N.S. & Section 5(L)/6 of POCSO Act, Police Station- Bhojpur, District- Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the niece of the informant aged about 16 years and 6 months on 21.09.2024 at about 02.00 p.m. in the sugarcane field. 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 two days and there is no explanation of the said delay caused. The applicant has noting to do with the said offence. The allegations are per se false. The victim by her looks seems to be major, although she is stated to be 16 years old as per her own statement. 6. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 23.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and there being no medial corroboration of the incident, 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- Sunny Alias Yogesh, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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 :- 26.5.2025 Sachin (Justice Krishan Pahal) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad