Neutral Citation No. - 2025:AHC:87065 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13978 of 2025 Applicant :- Shiv Sagar Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghawendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Raghawendra Kumar Singh, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 24.04.2025. 4. Applicant seeks bail in Case Crime No.20 of 2025, under Sections 65(1), 351(3), 352, 115(2) B.N.S., 2023 and Section 3/4(2) POCSO Act, Police Station Nagra, District Ballia, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the unsound mind daughter of the informant on 13.01.2025 at about 9:00 a.m. The matter was revealed to her mother, but she had concealed it from the informant out of shame, as such, had informed him on 17.01.2025, thereupon the FIR was instituted the same evening at 7:40 p.m. 6. 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 four days and there is no proper explanation of the said delay caused. There is no medical corroboration of the incident. The victim was found in a fit state of mind as observed by the Civil Judge (Senior Division), Ballia, who has recorded the statement of the victim under Section 183 B.N.S.S. 7. Learned counsel for the applicant has further argued that the offence as stated by the victim in the said statement indicates that she was a consenting party as there is no sign of resistance in the instant case. The victim is stated to have been disrobed by the applicant below her abdomen and he is stated to have committed rape with her. There is no criminal history of the applicant. The applicant is languishing in jail since 18.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. 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 also taking into consideration the fact that the victim was found mentally fit to depose at the stage of her statement recorded under Section 183 B.N.S.S., 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. 10. Let the applicant- Shiv Sagar Rajbhar, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 22.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad