Neutral Citation No. - 2025:AHC:87046 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12532 of 2025 Applicant :- Sonelal Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar,Ram Asre Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Asre, 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 06.04.2025. 4. Applicant seeks bail in Case Crime No.240 of 2024, under Sections 137(2), 87, 352, 351(2), 96, 70(2), 123, 127(2) B.N.S. and 5/6 POCSO Act, Police Station Utraon, District Prayagraj, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the sister of the informant aged about 16 years on 01.11.2024 at about 9:30 a.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 applicant has not been assigned the role of rape by the victim and she has stated that she was raped upon by co-accused Bal Govind, but has subsequently added that she was raped by all the co-accused persons. 7. Learned counsel for the applicant has further argued that the victim has not stood on one version. There is no medical corroboration of t the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 21.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of more than one day in institution of the FIR and there being no medical corroboration of the incident, 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- Sonelal Patel, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 22.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad