Neutral Citation No. - 2025:AHC:67937 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 498 of 2025 Applicant :- Vikas Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nitesh Kumar Singh,Rabindra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 8.1.2025. 3. Heard Sri Nitesh Kumar Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.452 of 2024, under Sections 74, 351(2), 352, 65(1) B.N.S. and 5N/6, 9G/10 POCSO Act, Police Station- Kotwali, District- Ballia, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations in the FIR are regarding outraging the modesty only, but the same have been escalated to that of rape at the stage of recording of statement of victim U/s 183 B.N.S.S. that too after legal consultation. 6. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident as the victim has refused for her internal examination. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the allegations of rape have been levelled for the first time at the stage of recording of statement of victim U/s 183 B.N.S.S. 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. 9. Let the applicant- Vikas Singh, 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. (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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 30.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad