Neutral Citation No. - 2025:AHC:85965 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9052 of 2025 Applicant :- Haggu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar Srivastava,Devendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. As informed by learned A.G.A., notice has been served to the informant on 12.3.2025. 3. Heard Sri Devendra Singh, learned counsel for the applicant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 245 of 2024, U/S 65(2), 127(2) B.N.S. and 6 POCSO Act, Police Station Ajnar, District Mahoba, during the pendency of trial. PROSECUTION STORY: 5. The applicant is stated to have committed rape with the victim aged about 8 years old on 23.7.2024 at about 3.30 pm. ARGUMENTS ON BEHALF OF THE APPLICANT: 6. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. 7. The FIR is delayed by about 3 months and there is no explanation of the said delay caused. 8. It is true that in the medical examination, an injury was observed on her body but the said medical examination has been conducted after three months and the said partial rupture cannot be related to the incident mentioned in the FIR. 9. The applicant had an altercation with the informant, as such, he was booked u/s 170, 126, 135 B.N.S.S. on 24.7.2024 itself and he was released on bail the same day. The said matter has been escalated to that of rape by the informant after legal consultation. 10. Learned counsel has placed reliance on the report given by the police in compliance of provision of Section 175(3) B.N.S.S., whereby it is stated that the informant has wrecked up the story of rape by using embellishments. There are statements of several neighbhours of the applicant namely, Hari Singh Rackwaar, Umesh Sen, Rahim and Vineet Kumar, who have stated that they have not seen the offence having committed on the date. 11. There is no criminal history of the applicant. The applicant is languishing in jail since 19.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 12. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and the delay in institution of FIR, 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. 14. Let the applicant- Haggu involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 16. 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 :- 21.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad