Neutral Citation No. - 2025:AHC:87491 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10800 of 2025 Applicant :- Deepak Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar Maurya,Sudhindra Kumar Mishra,Vimal Kumar Dwivedi Counsel for Opposite Party :- Archna Singh Jadaun,G.A.,Raja Ram Kushwaha Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of applicant today in Court is taken on record. 2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 3. The present second bail application has been filed by the applicant-accused in Case Crime No. 137/2021, under Section 354, 342, 506, 376(3) IPC and Section 4 of POCSO Act, Police Station- Binawar, District- Hamirpur with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 30.01.2024. 4. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged u/s 354, 342, 506 IPC and Section 8 of POCSO Act and there were no allegations of rape in the first information report. Similarly, in her statement, recorded under Section 161 Cr.P.C., victim has not made any allegation of rape against the applicant and only it was alleged that applicant has outraged her modesty. For the first time, victim has made allegation of rape in her statement, recorded under Section 164 Cr.P.C. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 30.01.2024 and after that statement of victim and other material witnesses have already been recorded before the trial court. The statement of concerned doctor (PW-3) was referred and it was pointed out that there was absolutely no evidence that victim has been subjected to rape. The said doctor has categorically stated that as per medical examination report no rape or molestation has taken place with the victim. It is further submitted that as per school record, age of victim is 15 years but her age has been shown less and in fact she is a major girl. Statement of material witnesses have already been recorded and thus, there is no possibility of tampering with evidence. The criminal history of one case shown against the applicant has duly been explained. The applicant is in jail since 23.06.2021 and thus, he has already undergone the detention of about three years and eleven months. It was stated that in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. and learned counsel for High Court Legal Services Committee have opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that victim is minor girl aged about 15 years and in her statement recorded before the trial court, she has made allegations of rape against the applicant. 6. Considering the submissions of learned counsel for the parties, period of detention and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Deepak Kumar involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 21.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad