Neutral Citation No. - 2025:AHC:89660 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50987 of 2022 Applicant :- Gopal Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record. 2. Heard Shri Chandra Bhushan Singh, learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 3. The present second bail application has been filed by the applicant-accused in Case Crime No. 157 of 2021, under Sections 376(3), 506 IPC and Section 5J(II)/6 POCSO Act, P.S. Narhi, District Ballia, with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 30.03.2022. 4. It is submitted by learned counsel for the applicant that applicant is innocent and he has not committed any offence. As per ossification test, the age of victim girl has been shown 18 years and that she was a consenting party. Learned counsel has referred the statement of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that alleged incident of rape has been shown of 7-8 months prior to the lodging of FIR but at that time no complaint was lodged. Learned counsel has referred observation made in case diary and submitted that the victim has not provided her clothes for examination and that the complainant has also not pointed out the place, where the alleged newly born dead child of victim girl was thrown in the river. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 30.03.2022 and after that the statements of victim as well as complainant have been recorded before the trial court and thus, now there is no possibility of tampering with the evidence. Referring to statement of complainant and other witnesses, it was submitted that allegations of rape levelled by victim are false and improbable. The applicant is in jail since 17.08.2021 and thus, he has already undergone the detention of about three years and nine months and that trial of the case is likely to take sufficient long time. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that as per school record, the age of victim is about 15 years, however, as per ossification test report, her age has been shown about 18 years. It is also submitted that no new ground is made out in this second bail application. 6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Gopal Patel, involved in aforesaid crime 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-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 26.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad