HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30265 of 2025 Court No. - 65 (Sl. No.132 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 2.9.2025. 2. Heard Sri Ashish Singh, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 158 of 2025, under Sections 137(2), 65(1) BNS and 3/4(2) POCSO Act, Police Station Chhatari, District Bulandshahr, 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. The victim herself has instituted the FIR and had only made the allegations of outraging the modesty but subsequently, she has escalated the allegations to that of rape in her statement recorded u/s 183 BNSS as an afterthought. There is no medical corroboration of the incident. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant.The applicant is languishing in jail since 7.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Ashish Singh Counsel for Opposite Party(s) : G.A. Komal Alias Hrishchandra .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no medical corroboration of the incident and that initially, the informant/victim had instituted the FIR against the applicant regarding outraging of modesty only 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. 8. Let the applicant- Komal Alias Hrishchandra, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. April 2, 2026 Shalini BAIL No. 30265 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad