Neutral Citation No. - 2025:AHC:78684 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8592 of 2025 Applicant :- Vishal Vishwakarma Opposite Party :- State Of U.P. Through Home Secretary, Government Of Uttar Pradesh Counsel for Applicant :- Mohammad Sadab Khan Counsel for Opposite Party :- Aanjaneya Dwivedi,Aditya Narayan Shukla,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. List revised. None appears for the informant though the name of counsel on behalf of informant is printed in the cause list. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that the F.I.R. was lodged by police personnel with the allegation that initially one Simran filed a complaint case bearing No. 37/24 under Sections 376D/506 I.P.C. and Section 5G/6 of POCSO Act before the court concerned against Om Prakash Kushwaha @ Satish, Jitendra Sharma, Uma Shankar Yadav, Raja Sahab Bhadauria, Ravi Prakash Jha and others alleging therein that on the pretext of providing her a job in railway department the accused persons named in the complaint had committed her rape several times. During course of investigation it was found that high school certificate of Simran was forged. Learned counsel further submits that applicant is not named in the F.I.R. and his name came into light in the confessional statement of co-accused persons. There is no credible evidence against the applicant and he has been implicated in the case only being a nephew of one co-accused Naveen Vishwakarma. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 13.01.2025, with no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Vishal Vishwakarma, be enlarged on bail in Case Crime No. 238 of 2024, under Sections 193, 195, 198, 205, 211, 468, 469, 471, 120-B I.P.C., Police Station- Kotwali Kalpi, District- Jalaun, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 13.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad