HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31415 of 2025 Court No. - 65 (Sr. No.154 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 13.09.2025, but none is present on behalf of the informant. 2. Heard Sri Rajiv Dwivedi, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.121 of 2025, under Sections 75(1)(i), 333, 351(3), 65(2) BNS and 5m/6, 9m/10 POCSO Act, Police Station- Pahadi, District- Chitrakoot, 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. The FIR is delayed by about 3 days, and there is no explanation for the said delay. As per the FIR, the allegations were only of outraging modesty, but the same have been escalated to that of rape in the statements of the victims recorded under Sections 180 and 183 BNSS as an afterthought. There are two victims. There is no medical corroboration of the incident; rather, the injury report indicates otherwise. The applicant has no criminal history and is in jail since 18.06.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but could Versus Counsel for Applicant(s) : Rajiv Dwivedi, Sriprakash Rai Counsel for Opposite Party(s) : G.A. Saurabh Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in the institution of the FIR and the fact that there is no medical corroboration of the incident, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Saurabh Gupta, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 (Ravi Kant) BAIL No. 31415 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad