Neutral Citation No. - 2025:AHC:68047 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5702 of 2025 Applicant :- Kamal Kumar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A.,Pramila Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 15.02.2025 but none is present on behalf of the informant. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Shobhit Yadav, learned counsel for the applicant and Ms. Pramila Tiwari, learned counsel for High Court Legal Services Committee as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 179 of 2024, under Sections 70(1), 123 of BNS and Sections 5/6 of POCSO Act, Police Station - Atarra, District - Banda, during the pendency of trial. 5. As per prosecution story, the applicant and other co-accused persons are stated to have committed gang rape with the victim on 29.07.2024. 6. 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. The FIR is delayed by about six days and there is no explanation of the said delay caused. 7. Learned counsel has also stated that the victim in her statement recorded u/s 183 BNSS has stated that she was the tenant of the applicant and the said house was vacated in the night of 09.07.2024 at about 11:00 PM which indicates animosity between the parties. It is a clear cut case of false implication. There is no medical corroboration of the incident. The victim is 15 years old as per ossification test report. It is also stated that criminal history of one case assigned to the applicant stands explained in the supplementary affidavit filed today in court. The applicant is languishing in jail since 08.10.2024 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. Per contra, learned AGA and learned counsel for High Court Legal Services Committee have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 9. 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that the victim was the tenant of the application and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Kamal Kumar Prajapati, 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 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad