Neutral Citation No. - 2025:AHC:128042 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23979 of 2022 Applicant :- Hari Shankar @ Puchchi Opposite Party :- State of U.P. Counsel for Applicant :- Saket Jaiswal Counsel for Opposite Party :- G.A.,Juhi Javed Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Saket Jaiswal, learned counsel for the applicant, Mrs. Juhi Javed, learned counsel for High Court Legal Services Authority as well as Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 4 of 2022, under Sections 376 D.A., 342, 506 IPC and Section 06 of POCSO Act, Police Station Kurara, District Hamirpur, during the pendency of trial. 4. As per prosecution case, the applicant along with co-accused person is stated to have abducted the victim near her house, when she had gone to ease herself out on 31.12.2021 at about 07:30 pm and had taken her to the house of the co-accused Akhilesh and had committed rape with her by tying her down to a cot after giving her some medicine rendering her unconscious. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no medical corroboration of the incident. Only one injury has been observed on the knee of the victim, which can be caused anywhere, as she has not stated in her statement recorded before the trial court that she sustained any injury on her knee rather she has stated that she has not sustained any injury. The allegations are per se false. Prosecution story stands falsified from the fact that victim had admitted in her cross-examination that the applicant and co-accused person had taken her to the house of Akhilesh on a motorcycle. The victim has not raised any alarm whatsoever during the said sojourn from her house to the house of Akhilesh. Victim has categorically stated that she does not identify the house of the applicant and the co- accused Akhilesh. Thus, she has further falsified the story. 6. It has been further submitted that FIR is delayed by about three days and there is no explanation of the said delay caused. 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. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.01.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. and learned counsel for the High Court Legal Services Authority have vehemently opposed the bail application. 8. 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 of three days in the FIR, coupled by the fact that there are material contradictions in the statement of the witnesses 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. 9. Let the applicant- Hari Shankar @ Puchchi, 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. 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 31.7.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad