Neutral Citation No. - 2025:AHC:74478 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12378 of 2025 Applicant :- Sohna Alias Sohanlal Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Prakash Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed by learned A.G.A. is taken on record. 3. As informed by learned A.G.A., notice has been served to the informant on 9.4.2025. 4. Heard Sri Nalin Kumar Tiwari, learned Advocate holding brief for Sri Chandra Prakash Kushwaha, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No. 125 of 2024, U/S 376, 504, 506 IPC and 3/4 POCSO Act and 3(2)(v) of S.C./S.T. Act, Police Station Kotwali Dehat, District Banda, during the pendency of trial. 6. The FIR was instituted by the informant stating that the applicant had committed rape with his daughter on 26.6.2024 at about 11.00 am. 7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. It is stated that FIR is delayed by more than two days and there is no explanation of the said delay caused. 8. Learned counsel has further stated that the victim is major, being about 19 years old as per ossification test report. 9. It is further stated that she seems to be the consenting party, as is evident from her statement recorded u/s 164 Cr.P.C., whereby there is no sign of any struggle by the victim, rather she has stated that the applicant had disrobed her. No injury has been observed on her body while her statement recorded u/s 164 Cr.P.C. is contradictory to the said medical report. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 29.6.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the FIR being delayed, the statement of the victim recorded u/s 164 Cr.P.C. being contradictory to the medical report, 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. 13. Let the applicant- Sohna Alias Sohanlal Prajapati 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. (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. 14. 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. 15. 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\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad