Neutral Citation No. - 2025:AHC:83368 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11982 of 2025 Applicant :- Shani Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Shashi Shekhar Maurya, learned counsel for the applicant, Sri Rajnath Yadav, learned counsel for the informant, Sri Sushil Kumar Shukla, State Law Officer for the State and perused the record. 4. Applicant seeks bail in Case Crime No.53 of 2025, under Sections 64(2), 333, 351(3), 352 B.N.S., 5/6 POCSO Act, 3(2)(5) SC/ST Act and 67A I.T. Act, Police Station Kotwali, District Jaunpur, during the pendency of trial. PROSECUTION STORY: 5. The applicant is stated to have committed rape with the victim on 06.02.2025 at about 03:00 p.m. by barging into her house. 6. The applicant is stated to have even made some indecent video of her and had clicked certain photographs which had made viral by posting them on Facebook I.D. ARGUMENTS ON BEHALF OF APPLICANT: 7. The applicant is absolutely innocent and has been falsely implicated in the present case. 8. The FIR is delayed by about eighteen hours and there is no explanation of the said delay caused. 9. The victim is major aged about 18 years. 10. There is no medical corroboration of the incident. 11. There is no proper recovery of the video whatsoever, although it is stated that the victim had provided the screen shorts of the said indecent photographs and video, but the victim has categorically stated that she could not provide the URL or the I.D. from which the said photographs or video were made viral, as such, it is a clear-cut case of false implication. 12. Another reason for false implication is FIR No.68 of 2025, P.S. Line Bazar, District Jaunpur instituted by the mother of the applicant against the brothers of the victim regarding an incident dated 05.02.2025, 6:30 p.m. The applicant had sustained injuries in the said incident and gone for his treatment at hospital, although he was not admitted there. 13. There is no criminal history of the applicant. The applicant is languishing in jail since 24.02.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT: 14. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. CONCLUSION: 15. 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 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. 16. Let the applicant- Shani Nishad involved in aforementioned case crime number 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 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. 17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 18. 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 :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad