Neutral Citation No. - 2025:AHC:51717 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9871 of 2025 Applicant :- Ajay Singh Alias Ranu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Singh Kachhwaha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Prashant Singh Kachhwaha, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.210 of 2024, under Sections 87, 123, 351(1), 64(1) B.N.S., Police Station Kishanpur, District Fatehpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have rendered the victim unconscious and had taken her to a secluded place and committed rape with her on 21.11.2024 at about 9:00 p.m. The victim somehow released herself from the clutches of the applicant on 24.11.2024 and reached her house in the evening and narrated the story to her family members. 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 4 days from the first date of offence. The FIR is also delayed by more than one day from the date of release of the victim from the clutches of the applicant. Learned counsel has further stated that the prosecution story stands falsified from her medical examination report, whereby ultrasound of the victim was conducted and it was observed by the radiologist that she had a pregnancy of 25 weeks ± 2 weeks. 6. Learned counsel for the applicant has further argued that the doctor has observed fetal movements also. The victim is major aged about 19 years. It is true that the doctor conducting her medical examination has found swelling on her private part, but the said swelling cannot be attributed to the applicant as the victim was found pregnant. Learned counsel has further stated that it is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 29.11.2024 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- Ajay Singh Alias Ranu Singh, 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