Neutral Citation No. - 2025:AHC:84199 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17231 of 2025 Applicant :- Shiv Prasad @ Balla Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Hirdesh Kumar Yadav, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 4. Learned State Law Officer has informed that the notice to the informant has been served on 17.04.2025. 5. Applicant seeks bail in Case Crime No.31 of 2025, under Sections 64, 64(2)M, 351(3) B.N.S., 2023, Section 3/4, 5L/6 POCSO Act, 2012, 3(1)Da, 3(1)Dha, 3(2)5 SC/ST Act and Section 66E I.T. Act, 2008, Police Station Obra, District Sonbhadra, during the pendency of trial. 6. As per prosecution story, the applicant is stated to have barged into the house of the informant in the night of 12.02.2025 at about 8:00 a.m. and committed rape with her daughter. There are allegations that the applicant had earlier on also raped her by threatening her. 7. 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 three days from the current incident and there is no explanation of the said delay caused. The allegations are per se false. The victim is major aged about 18-19 years as per ossification test report, although as per high-school certificate, her date of birth is 13.04.2008, as such, she is above 16 years old. 8. Learned counsel for the applicant has further argued that the said age has been deliberately suppressed by the informant. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 16.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. 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. 11. Let the applicant- Shiv Prasad @ Balla, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad