HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22129 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. The present third bail application has been filed by the applicant in Case Crime No. 108 of 2021, under Section - 376 I.P.C. and Section 3/ 4 POCSO Act, Police Station - Iglas , District - Aligarh with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. In her statement recorded under Section 161 Cr.P.C., victim has stated that applicant-accused has taken her into wheat field and committed rape but in her statement recorded under Section 164 Cr.P.C. she has stated that applicant as well as co-accused Ashok and Dharmraj have given beatings to her and her hands and feet were tied and they committed rape upon her. It was stated that victim has not sustained any external or internal injury and the version of victim is not supported by medical evidence. 5. It is further submitted that second bail application of applicant was rejected by this Court vide order dated 17.03.2023 and after that statement of material witnesses, including that of informant and victim, have been recorded before the trial Court. In her cross-examination, informant/ PW-1 has stated that applicant has not committed any rape upon victim. As the statement of material witnesses, including that of victim have been recorded Versus Counsel for Applicant(s) : Sonu Kumar Tiwari Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) before the trial Court and thus there is no possibility of tampering with evidence. It is submitted that applicant is in jail since 10.03.2021 and thus he has already undergone detention of about four and a half years and trial of the case would take sufficient long time. Lastly, it was submitted that in case applicant is enlarged on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has opposed the prayer for bail and submitted that victim is a minor girl aged about 13 years and she has made allegation of rape against applicant-accused and that first and second bail application of applicant have already been rejected. 7. I have considered rival submissions and perused the record. 8. Perusal of record shows that victim was aged about 13 years and she has made allegation of rape against applicant and co-accused persons. In medical examination report, no external or internal injury has been shown to the victim girl. The applicant has no criminal antecedent. The applicant has already undergone detention of about four and half years and it appears that there are number of prosecution witnesses, who are yet to be examined. Considering submissions of learned counsel for the parties and all attending facts, particularly period of detention and stage of trial, without expressing any opinion on the merits, a case for bail is made out. 9. The bail application is allowed. 10. Let the applicant - Rahul involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer BAIL No. 22129 of 2025 2 or tamper with the evidence. 11. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. October 15, 2025 'SP'/- BAIL No. 22129 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad