Neutral Citation No. - 2025:AHC:20113 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 299 of 2025 Applicant :- Altmas Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Sharda Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Sharda Vishwakarma, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 227 of 2024, under Sections- 333, 74, 352, 64, 351(2) of B.N.S., Police Station Chandinagar , District Baghpat , during the pendency of trial. 4. As per prosecution story, there are allegations against the applicant of having done indecent behavior with the daughter of the informant and blackmailing her, as such, entered her house by jumping over the wall on 1.12.2024 at about 1:30 A.M. and started behaving indecently with his daughter. On her raising of alarm, the family members had woken up and caught hold of the applicant, who fell down from the said wall and sustained injuries. 5. Learned counsel for the applicant has stated that the victim is a consenting party as is but evident from the circumstances. The victim is aged about 27 years and has two offsprings from her marriage. There is no medical corroboration of the said incident. The applicant was beaten up by the informant and other family members and, as such, he sustained two injuries on his cranium. The applicant is 23 years old and is an unmarried person. 6. 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 1.12.2024 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. Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court 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- Altmas, 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 351 BNSS, 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 :- 11.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad