Neutral Citation No. - 2025:AHC:59928 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11147 of 2025 Applicant :- Vishnu Nishad (Sahani) Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Awadhesh Kumar Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 29.03.2025. 4. Applicant seeks bail in Case Crime No.581 of 2024, under Sections 351(2), 65(1)(2) B.N.S., Section 3/4 POCSO Act and Section 3(2)(v) S.C./S.T. Act, Police Station Kotwali, District Maharajganj, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 28.11.2024 at about 9:30 p.m. 6. 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 one day and there is no explanation of the said delay caused. The allegations are per se false. It is a clear-cut case of false implication. There is no medical corroboration of the incident as the victim has refused her medical examination. 7. Learned counsel for the applicant has further stated that it is true that the victim was minor aged about 14 years old as per ossification test report, but the applicant has simply been made a scapegoat out of village political rivalry. There is no criminal history of the applicant. The applicant is languishing in jail since 04.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that as per ossification test report, the age of the victim is 14 years only, as such, she is minor, but could not dispute the fact that there is no injury report to corroborate prosecution story. 9. 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. 10. 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. 11. Let the applicant- Vishnu Nishad (Sahani), 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 22.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad