Neutral Citation No. - 2025:AHC:72194 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13835 of 2025 Applicant :- Beyant Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- Ankit Mishra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 95 of 2025, under Sections 65(2), 351(3) of BNS and Section 5/6 of POCSO Act, Police Station Nebua Naurangiya, District Kushi Nagar, during the pendency of trial. 4. 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 3 days and there is no explanation of the said delay caused. It is next stated that the FIR was instituted regarding outraging the modesty only and the same allegations were made in her statement recorded under section 180 BNSS. The allegations of rape have been leveled for the first time in the statement of the victim recorded under section 183 BNSS that too after legal consultation. It is next stated that there is no medical corroboration of the incident. It is true that the victim is minor but it is a clear cut case of false implication. 5. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 11.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in FIR and taking into account the fact that there is 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. 8. Let the applicant- Beyant 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 6.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad