Neutral Citation No. - 2025:AHC:39066 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9167 of 2025 Applicant :- Omprakash Saini Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 08.03.2025. 4. Applicant seeks bail in Case Crime No.3 of 2025, under Section 65(2) B.N.S., 5m/6 POCSO Act and 3(2)5 S.C./S.T. Act, Police Station Nagina, District Bijnor, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the informant by forcing her into sugarcane field on 05.01.2025 at about 5:00 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. The FIR is too prompt. The victim is 12 years old as per ossification test report. The informant herein has instituted seven other FIRs in addition to the instant FIR against several persons of similar nature and has turned hostile in all those cases and the accused therein have been acquitted in several of those cases. Learned counsel has further stated that it is true that certain redness and tenderness have been observed on the private part of the victim but that can be self inflicted or manufactured. The said FIRs have been annexed as annexure nos.2-8 to the affidavit filed with the bail application, as such, the applicant is entitled for bail. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 08.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that the victim has sustained injury on private part. 9. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 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, taking into consideration the fact that the informant herein has instituted six more FIRs of similar nature against several other persons, 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- Omprakash Saini, 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 :- 19.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad