Neutral Citation No. - 2025:AHC:33101 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8098 of 2025 Applicant :- Enush Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad,Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and Sri Manish Kumar Tiwari, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.246 of 2024, under Sections 87, 64 B.N.S., Police Station- Saiyan, District- Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant on 13.11.2024 on the pretext that her father had met with an accident at Ajmer and took her all the way to Agra and Ajmer. The applicant is stated to have dropped the daughter of the informant to his house on 24.11.2024, as such, the FIR was instituted the same day. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR has been instituted after the retrieval of the victim which speaks volume of false implication as it is delayed by about eleven days. The informant did not utter a single word during the said duration of eleven days. 6. Learned counsel for the applicant has further stated that the victim is major aged about 20 years and is a consenting party. The allegations of gang-rape have been made after legal consultation that too in the statement of the victim recorded U/s 183 B.N.S.S. The victim was present in the house at the time of institution of FIR and there was no mentioning of gang-rape in the FIR itself which falsifies the allegations made in the statement of the victim recorded U/s 183 B.N.S.S. 7. 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. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 11. Let the applicant- Enush, 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./351 B.N.S.S. 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. 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 :- 7.3.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad