Neutral Citation No. - 2025:AHC:39573 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4099 of 2025 Applicant :- Sarla Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dau Dayal Verma,Garun Pal Singh,Girraj Singh,Indra Jit Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Counter affidavit and rejoinder affidavit filed today by the learned counsel for the parties are taken on record. 2. As informed by learned State Law Officer, notice to the informant has been served on 03.02.2025 but none is present on behalf of the informant. 3. Heard Sri O.P. Singh, learned Senior Counsel assisted by Sri Indra Jit Singh and Sri Girraj Singh, learned counsels for the applicant and Sri Jai Kishan Chaurasia, learned A.G.A. for the State Law Officer and also perused the material placed on record. 4. Applicant seeks bail in Sessions Trial No. 1733 of 2024 arising out of Case Crime No. 486 of 2024, under Sections 61(2), 65(1), 115(2) & 351(2) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Sadabad, District - Hathras, during the pendency of trial. 5. As per prosecution story, the applicant, who happens to be the aunt of the victim, is stated to be involved in facilitating the co- accused person Nardev for raping the victim on 25.08.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated by the father of the victim out of vengeance. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 15 days and there is no explanation of the said delay caused. The applicant is the lady and she used to take care of the victim. 7. Learned counsel has argued that the informant has renounced the world and after a long time, he came back to see his children and has instituted the FIR against the applicant out of vengeance. There is no medical corroboration of the incident. Even the FSL report does not support the prosecution story. It is true that the victim was 14 years old but it is a clear cut case of false implication. 8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 10.09.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 9. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 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- Sarla, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 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:- 19.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad