Neutral Citation No. - 2025:AHC:86910 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8858 of 2025 Applicant :- Chetan Alias Gaurav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Pandey,Shashi Kant Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manoj Kumar Pandey, learned counsel for the applicant and Sri Shashi Kant Pandey, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 67 of 2025, under Sections 64(2)(M), 351(2) of BNS and Sections 5L/6 of POCSO Act, Police Station - Majhola, District - Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the minor daughter of the informant, aged about 15 years and had even video recorded the said act and threatened her to make it viral and kept on establishing corporeal relationship with her, as such, she jumped down from the second floor of her house on 29.01.2025. The victim was admitted to the hospital for about 11 days. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There is no medical corroboration with regard to the incident of rape. 6. Learned counsel has also stated that the victim has sustained fractures on 3rd & 5th metatarsal bones on her body. There was a stress fractures on vertebral column as she was unable to move. The allegations are per se false as there is no overt act assigned to the applicant of having abetted the victim to attempt to commit suicide. The only statement is that the applicant had threatened her to cause her death but the same does not fall within the category of abetment. 7. With regard to alleged video of the victim recorded by the applicant, learned counsel has stated that there is no recovery of any video whatsoever from the applicant, as such, the said allegations stand falsified. It is true that the victim has sustained injuries but she seems to be a consenting party as she has stated in her statement that she had gone to the house of her friend and the applicant is her friend's brother and he started disrobing her. The said incident of disrobing the victim indicates her consent as there is no sign of struggle. 8. Learned counsel has next stated that there is no criminal history of the applicant. The applicant is languishing in jail since 30.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties taking into consideration the fact that there is no injury sustained by the victim on her private part coupled by the fact that there is no overt act assigned to the applicant of having abetted the victim to attempt to commit suicide, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Chetan Alias Gaurav, 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. 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:- 22.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad