Neutral Citation No. - 2025:AHC:48971 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10524 of 2025 Applicant :- Shivam Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Santosh Kumar Mishra, learned counsel for the applicant, Ms. Meena Mishra, learned counsel for opposite party No.2 and Sri J.K. Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 189 of 2024 under Sections 137(2), 87, 65(1), 318(4) B.N.S. and Section 3/4(2) of POCSO Act, Police Station Gwaltoli, District Kanpur Nagar during the pendency of trial. 4. The F.I.R. was instituted by the informant regarding missing of his minor daughter since 29.10.2024 at about 09:15 AM. 5. 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 two days and there is no explanation of the said delay caused. The F.I.R. does not whisper a single word against the applicant. Subsequently, the name of the applicant has been added in the statement of the victim recorded under Section 183 B.N.S.S., whereby it is stated that applicant had taken her to a Hotel and committed rape with her. 6. Learned counsel for the applicant further stated that the statement of the Manager of the said Hotel has been recorded under Section 180 B.N.S.S., whereby it has been stated that applicant had come to the Hotel, but with different girl and not the victim herein, as such, the prosecution story stands falsified. It is a clear cut case of false implication as the applicant himself instituted an F.I.R. on 12.05.2021. There is no criminal history of the applicant. The applicant is languishing in jail since 24.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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. 9. 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. 10. Let the applicant- Shivam Nishad, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 5.4.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad