Neutral Citation No. - 2025:AHC:53012 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9272 of 2025 Applicant :- Madhur Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Tewari Counsel for Opposite Party :- G.A.,Perdeep Kumar Vishnoi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Sushil Kumar Tewari, learned counsel for the applicant, Sri Pradeep Kumar Vishnoi, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.1052 of 2024, under Sections 65(2), 351(2) B.N.S. and 5(M)/6 POCSO Act, Police Station- Majhola, District- Moradabad, during the pendency of trial. 5. As per prosecution story, the applicant and co-accused person Mohit are stated to have fondled with the victim and outraged her modesty on 29.11.2024 at about 07:00 a.m. The victim is stated to have assaulted the applicant with a blade and had caused injuries on his hand. 6. 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 more than one day and there is no explanation of the said delay caused. The applicant has not been identified by the victim in the dock during trial. She has categorically stated that the said assailant was more than 60 years old. The applicant is a comparatively young person and is 30 years old. 7. Learned counsel for the applicant has further stated that the allegations have been escalated by the victim in her statement recorded U/s 180 & 183 B.N.S.S. that too after legal consultation. There is no medical corroboration of the incident of rape. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 4.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. and learned counsel for the informant have 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- Madhur Gupta, 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 :- 10.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad