Neutral Citation No. - 2025:AHC:80627 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6148 of 2025 Applicant :- Shani Katheria Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ishwar Chandra Tyagi,Ram Charan Lal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 13.02.2025 but none is present on behalf of the informant. 2. Heard Sri Anmol Kumar Dubey, holding brief of Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 07 of 2024, under Sections 342, 354A, 376(2)(N), 376(3) of BNS and Sections 4(2), 5L/6 of POCSO Act, Police Station Qila, District Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has also stated that it is a clear cut case of false implication as the FIR was instituted regarding outraging the modesty only but subsequently, allegations of rape have been escalated in the statement of the victim recorded under section 164 Cr.P.C. and that too after legal consultation. The victim is major aged about 18 years as per ossification test report. There is no medical corroboration of the incident. 6. The criminal history of one case assigned to the applicant has been explained. The applicant is languishing in jail since 05.01.2024 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. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the statement of the victim recorded under section 164 Cr.P.C. coupled by the fact that the victim is major, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Shani Katheria, 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 the 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. 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 :- 15.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad