Neutral Citation No. - 2025:AHC:74512 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12797 of 2025 Applicant :- Puspendra Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 13.04.2025 but none is present on behalf of the informant. 2. Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 73 of 2025, under Sections 137(2), 351(2), 65(1) of BNS and Sections 3/4 of POCSO Act and Section 3(1)(Da), 3(1)(Dha), 3(2)V, 3(2)(Va) of SC/ST Act, Police Station Kotwali Nagar Mahoba, District Mahoba, during the pendency of trial. 4. 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 applicant is not named in the FIR. The applicant is stated to have subsequently taken the victim to his house and raped her after being lured by the named accused Jayanti. 6. Learned counsel has also stated that the FIR itself is delayed by about two days and there is no explanation of the said delay caused. There is no medical corroboration of the incident, rather the medical report speaks otherwise. It is a clear cut case of false implication and not a case of consent. As per school certificate, age of the victim has come up to be less than 16 years. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 11.02.2025 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 has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also 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 and taking into consideration the medical report which does not support the prosecution story as well as delay in FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Puspendra Kushwaha , 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 the 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 :- 8.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad