Neutral Citation No. - 2025:AHC:86956 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8883 of 2025 Applicant :- Dharmendra Kumar Alias Bhole Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.,Priti Baranwal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned State Law Officer has informed that notice to the informant has been served on 9.3.2025. 3. Heard Sri Garun Pal Singh, learned counsel for the applicant and Ms. Priti Baranwal, learned counsel appearing for C.W.C. as well as Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.650 of 2024, under Sections 65(1), 350(2) B.N.S. and 4(2) POCSO Act, Police Station- Sadabad, District- Hathras, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have outraged the modesty of the daughter of the informant with an intention to disrobe her on 21.12.2024 at about 02:00 p.m. 6. 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. The FIR is delayed by about eight hours and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that the allegations of intention to disrobe have been escalated to that of rape by the victim in her statement recorded U/s 183 B.N.S.S. that too after legal consultation. The medical examination has been conducted after a delay of about six days and redness has been found on the vital part of the body. Learned counsel has stated that there is nothing on record to suggest that how the victim observed the said redness during the intervention period of six days. 8. It is further argued by learned counsel for the applicant that the victim seems to be a consenting party as there is no any sign of resistance by the victim rather she has stated that she was completely disrobed by the applicant after gagging her mouth. The victim by her looks seems to be major. The criminal history of one case assigned to the applicant has been explained in the supplementary affidavit filed today in Court. The applicant is languishing in jail since 24.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer as well as learned counsel appearing for C.W.C. have vehemently opposed the bail application. 10. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no sign of any resistance by the victim and also that the medical examination of the victim has been conducted after a delay of six days, 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. 12. Let the applicant- Dharmendra Kumar Alias Bhole, 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad