Neutral Citation No. - 2025:AHC:42743 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6015 of 2025 Applicant :- Tinku Alias Jay Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kaushal Upadhyay Counsel for Opposite Party :- S.K. Verma,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Durvijay Singh, Advocate holding brief of Sri Kamal Kaushal Upadhyay, learned counsel for the applicant and Sri S.K. Verma, learned counsel for the informant as well as Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.489 of 2024, under Sections 115(2), 64 B.N.S., Police Station- Atrauli, District- Aligarh, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 20.8.2024 at about 05:00 p.m. in the agricultural field. The uncle of the victim had reached there, as such, the applicant is stated to have run away from the place of occurrence. 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 more than two days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. It is a clear cut case of false implication as earlier on also the applicant was falsely implicated in FIR No.371 of 2024 and he was enlarged on bail by the trial court vide order dated 30.7.2024 and after his release from jail, the applicant has been implication in the instant case just to keep him incarcerated. 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. The applicant has no other criminal history except the said case. The applicant is languishing in jail since 14.10.2024 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. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application. 9. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court 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. 11. 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. 12. Let the applicant- Tinku Alias Jay Prakash, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 24.3.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad