Neutral Citation No. - 2025:AHC:35292 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8520 of 2025 Applicant :- Vimal Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lakshman Singh, learned counsel for the applicant, Sri Vijay Singh Sengar, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.06 of 2024, under Sections 363, 366, 376DA, 109 I.P.C. and Section 17/6 POCSO Act, 2012, Police Station Kotwali Rendhar, District Jalaun, during the pendency of trial. 4. As per prosecution story, the applicant and two other co-accused persons are stated to have enticed away two minor niece of the informant V1 and V2 on 04.01.2024 at about 11:30 p.m. 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 is delayed by about 14 days and there is no explanation of the said delay caused. Both the victims are consenting party as far as their first statements recorded under Section 164 Cr.P.C. are concerned. The police was pleased to file a closure report in the instant case, but subsequently at the behest of the informant, further investigation was taken up and a fresh statement of the victim V1 was recorded on 03.06.2024 subsequently and the final report (charge-sheet) has been submitted against the applicant and other co-accused persons. 6. Learned counsel for the applicant has further stated that the said statement has been recorded after legal consultation at the behest of the informant. The contradictory statement of the victim V1 speaks volume of false implication. One of the victim V2 has already been married. 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 history of the applicant. The applicant is languishing in jail since 05.10.2024 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. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 8. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 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. 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 fact that the investigating officer had filed a closure report qua the applicant initially and subsequently the final report (charge-sheet) has been submitted coupled with the fact that the FIR is delayed by about 14 days, 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. 10. Let the applicant- Vimal 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 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. 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 :- 11.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad