Neutral Citation No. - 2025:AHC:81743 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8057 of 2025 Applicant :- Rajesh Kumar Alias Rajesh Bhartiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kumar Gaurav,Kumar Parikshit,Shailendra Saroj Counsel for Opposite Party :- G.A.,Nirbhay Singh Hon'ble Krishan Pahal,J. 1. List has been revised. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Kumar Parikshit, learned counsel for the applicant and Sri Nirbhay Singh, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0031 of 2024, under Sections 376AB, 511 of IPC and Section 18 of POCSO Act, Police Station - Soraon, District - Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim and hurled abuses at her on 04.02.2025 at about 06:30 PM. 5. 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 did not indicate inkling towards rape but the same have been escalated at the time of recording of statements of the victim u/s 161 & 164 Cr.P.C. that too after legal consultations. 6. Learned counsel has also stated that internal medical examination of the victim has not been conducted as her guardian has refused for the same, as such, there is no medical corroboration of the instant case either. There is no criminal history of the applicant. The applicant is languishing in jail since 04.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA and learned counsel for the informant have 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment, period of incarceration, the statements of the victim recorded u/s 161 & 164 Cr.P.C. and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Rajesh Kumar Alias Rajesh Bhartiya, 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. 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:- 16.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad