Neutral Citation No. - 2025:AHC:56630 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11627 of 2025 Applicant :- Alok Kumar Dubey Alias Shubham Dubey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Pandey Counsel for Opposite Party :- Ankit Shukla,G.A.,Vivek Kumar Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Pandey, learned counsel for the applicant and Sri Vivek Kumar Tiwari, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 02 of 2025, under Sections 75, 65(1), 333, 324(4), 351(3) of BNS and Sections 5/6 of POCSO Act, Police Station - Machhalishahar, District - Jaunpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant on 27.12.2024 at about 11:30 PM and outraged the modesty of the victim. On raising of alarm, the applicant is stated to have run away from the place of occurrence by breaking the railing of the roof. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about seven days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the FIR indicates towards outraging the modesty only and the same version has been reiterated by the victim in her statement recorded u/s 180 BNSS but the allegations have been inflated to that of rape in her statement recorded u/s 183 BNSS. It is argued that the said statement is silent about the name of the applicant, as such, the same cannot be taken into consideration. 7. Learned counsel has further stated that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 17.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor aged about 16 years. The father of the applicant has threatened the informant telephonically and an application in this regard has been made to S.P. Jaupur, as such, the applicant is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 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 also the said anomaly in the prosecution story regarding the allegations, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Alok Kumar Dubey Alias Shubham Dubey, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 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:- 17.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad