Neutral Citation No. - 2025:AHC:40438 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5783 of 2025 Applicant :- Pooja Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Babu Mishra,Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.,Krishna Kant Bhatt Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ravindra Kumar Mishra, learned counsel for the applicant, Sri Laxmi Kant Bhatt, holding brief of Sri Krishna Kant Bhatt, learned counsel for the informant and Sri R.P. Patel, learned State Law Officer as well as perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 108 of 2023, under Sections 363, 366, 376(3), 120B, 372 I.P.C. and Section 17 of POCSO Act, Police Station Paschim Sharira, District Kaushambi, 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. It is further stated that the applicant was exonerated by the police during investigation and she has been summoned by the trial court by invoking the powers under section 319 Cr.P.C. vide order dated 05.03.2024. It is next stated that co-accused persons Hira Lal and Cheddi Lal have been enlarged on bail who have been summoned by invoking the same powers. It is next stated that the statement of the victim recorded in court is contradictory to her own examination-in-chief. 5. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 16.01.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. 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. 9. 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. 10. Let the applicant- Pooja Devi, who is involved in aforementioned case crime be released on bail on her 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. 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 her in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 20.3.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad