Neutral Citation No. - 2025:AHC:41474 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9455 of 2025 Applicant :- Anees Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Apul Misra,Devvrat Misra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Apul Misra, learned counsel for the applicant, Sri Sunil Kumar, 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 07.03.2025. 4. Applicant seeks bail in Case Crime No.9 of 2025, under Sections 64(2)M, 331(4), 351(3), 352 B.N.S. and Section 5L/6 POCSO Act, Police Station Uldan, District Jhansi, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have taken certain indecent photographs and video of the victim when she was changing her clothes during her program in school on 01.01.2022, thereby kept on blackmailing her for the same and raped her on 19.12.2024 and repeated the said act several times and for the last time committed it on 08.01.2025. 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 about five days for the last date of offence. There is no recovery of any photographs or video from the applicant. The victim is major aged more than 18 years as per her high-school certificate. Learned counsel has further stated that although it is true that on the first date of offence, her age was about 16 years, but all the allegations are false and vague. There is no medical corroboration of the incident. 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 17.01.2025 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. 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, 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- Anees, 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 :- 21.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad