Neutral Citation No. - 2025:AHC:80716 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7432 of 2025 Applicant :- Pawan Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 16.02.2025 but none is present on behalf of the informant. 2. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Narayan Singh(Kushwaha), learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 522 of 2024, under Section 65(1) of BNS, Sections 3/4 of POCSO Act and Section 3(2)V of SC/ST Act, Police Station - Jalesar, District - Etah, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have attempted to commit rape with the victim on 28.11.2024 at about 06:00 PM. 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 four hours and there is no explanation of the said delay caused. 7. Learned counsel has also stated that there is no medical corroboration of the incident as it indicates that she has not been subjected to any sexual assault. The allegations of attempt to rape have been escalated to rape in the statement of the victim recorded u/s 183 BNSS but the same does not find any medical corroboration either. There is no criminal history of the applicant. The applicant is languishing in jail since 13.12.2024 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 has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, delay in lodging the FIR and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant- Pawan Kumar, 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:- 15.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad