Neutral Citation No. - 2025:AHC:72453 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4160 of 2025 Applicant :- Nardev 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. 2. Learned A.G.A. has informed that notice to the informant has been served on 3.2.2025. 3. Heard Sri O.P. Singh, learned Senior Advocate assisted by Sri Indra Jit Singh and Girraj Singh, learned counsels for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Session Trial No.1733 of 2024, arising out of Case Crime No.486 of 2024, under Sections 61(2), 65(1), 115(2), 351(2) B.N.S. and 3/4(2) POCSO Act, Police Station- Sadabad, District- Hathras, during the pendency of trial. 5. As per prosecution story, the applicant is stated to be the lover of erstwhile strained wife of the informant and he is stated to have raped the minor daughter of the informant on 25.8.2024 and had also committed the said offence earlier on. 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 sixteen days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. The allegations as narrated in the FIR are per se false and cannot be believed. The applicant is a 47 years old person and has been falsely implicated in this case. 7. Learned counsel for the applicant has further stated that it is true that victim is minor aged about 14 years but it is a clear cut case of false implication and the allegations are false. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.9.2024 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. Learned A.G.A. has vehemently opposed the bail application. 9. 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 FIR and there being no medical 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. 10. Let the applicant- Nardev, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 6.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad