Neutral Citation No. - 2025:AHC:41487 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5179 of 2025 Applicant :- Bantu Alias Banti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukul Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit and second supplementary affidavit filed by learned counsel for the applicant, respectively, are taken on record. 3. Learned A.G.A. has informed that notice to the informant has been served on 19.12.2024. 4. Heard 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. 5. Applicant seeks bail in Case Crime No. 807 of 2024, under Sections 65(1) B.N.S., 2023 and 3/4 POCSO Act, 2012, Police Station Tajganj, District Agra, during the pendency of trial. 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 one day, as far as the missing of the victim is concerned, and is further delayed by about nine hours from the time of recovery of the victim and there is no explanation of the said delay caused. There is no medical corroboration of the incident. The victim seems to be the consenting party, which can be drawn from the fact that she had gone with the applicant to his house and has been raped by him but the said offence of rape cannot be fortified by any other evidence, whatsoever. There is no sign of any struggle on the body of the victim. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is a criminal history of four cases assigned to the applicant, which stands explained vide supplementary affidavit. The applicant is languishing in jail since 6.1.2025. 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 but has not disputed the aforesaid submissions of learned counsel for the applicant. 9. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 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- Bantu Alias Banti, 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. 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 :- 21.3.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad