Neutral Citation No. - 2025:AHC:84848 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7856 of 2025 Applicant :- Pradeep Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Yadav Counsel for Opposite Party :- Dhirendra Kumar Verma,G.A.,Srawan Kumar Swarnkar Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Raj Kishor Mishra, Advocate holding brief of Sri Dinesh Yadav, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 02.03.2025. 4. Applicant seeks bail in Case Crime No.378 of 2024, under Sections 65(1), 351(2) B.N.S. and Section 4(2) POCSO Act, Police Station Pawai, District Azamgarh, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 25.12.2024 at about 3 a.m. when she had gone out to ease herself out in an orchard. 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 about thirteen hours and there is no explanation of the said delay caused. The victim is major aged about between 16-18 years as per ossification test report and a leverage of two years may be granted to the applicant on the upper side. 7. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident, as such, the victim seems to be a consenting party. There is no criminal history of the applicant. The applicant is languishing in jail since 06.01.2025 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 A.G.A. has vehemently opposed the bail application. 9. 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 institution of the FIR and there being no medical corroboration of the incident, 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- Pradeep Yadav, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad