Neutral Citation No. - 2025:AHC:77560 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13733 of 2025 Applicant :- Deepu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ranjeet Kumar Pandey,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 27.4.2025. 2. Heard Sri Sunil Kumar Singh, learned counsel for the applicant as well as Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 434 of 2024, U/S 115(2), 333, 353, 351(3), 65(1) B.N.S., 2023 and 3/4 POCSO Act and 3(2)V of S.C./S.T. Act, Police Station Kasya, District Kushi Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the daughter of the informant and had assaulted her causing injuries to her abdomen on 8.7.2024, as such, she was admitted to hospital. The applicant is stated to have reached there and tried to abduct the victim from the hospital on 10.7.2024 at about 8.00 am. 5. 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 two days from the second incident and is delayed by four days from the initial onset of crime and there is no explanation of the said delay caused. 6. Learned counsel has further stated that initially the FIR did not whisper a single word about rape. It was instituted regarding outraging of modesty only. The allegations have been escalated to that of rape at the stage of recording of her statements u/s 180 and 183 B.N.S.S., that too, after legal consultation. There is no medical corroboration of the incident. 7. The victim is 17 years old as per radiological report, as such, a leverage of two years may be granted to the applicant on the upper side. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 21.1.2025. 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 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR, the statements of the victim recorded u/s 180 and 183 B.N.S.S. and there being no medical corroboration of the incident, 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- Deepu 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. 12. 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. 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 :- 13.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad