Neutral Citation No. - 2025:AHC:51868 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9936 of 2025 Applicant :- Ram Singh Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Chandra Pandey,Revati Raman Vishwakarma Counsel for Opposite Party :- Binod Kumar Vishwakarma,G.A.,Pramod Kumar Katiyar,Yug Raj Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Krishna Chandra Pandey, learned counsel for the applicant, Sri Binod Kumar Vishwakarma, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.242 of 2024, under Sections 75, 352, 63(C), 65(2) B.N.S. and 5/6 POCSO Act, Police Station Thariyawn, District Fatehpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed aggravated sexual assault with six and half years old niece of the informant on 26.10.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no time of offence mentioned in the FIR. The FIR is delayed by about 13 days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. 6. Learned counsel for the applicant has further stated that it is a clear-cut case of false implication, which is but evident from the fact that there is no recovery of any indecent photographs from the applicant whatsoever. There is no criminal history of the applicant. The applicant is languishing in jail since 02.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the victim was a very tender age of about seven years old, as such, the applicant is not entitled for bail. 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, taking into consideration the facts that the FIR is delayed by about 13 days and there is no medical corroboration of the incident, 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- Ram Singh Vishwakarma, 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 :- 9.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad