Neutral Citation No. - 2025:AHC:66350 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14096 of 2025 Applicant :- Mohit Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jyoti Kumari Jaiswar,Tripurari Pal 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 10.4.2025. 3. Heard Sri Tripurari Pal, learned counsel for the applicant, Ms. Sneh Lata Sharma, learned counsel for CWC as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.01 of 2025, under Sections 64(1), 137(2) r/w 61(2) B.N.S. and 3/4 r/w 16/17 POCSO Act, Police Station- Govind Nagar, District- Kanpur Nagar, 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 FIR is delayed by about three days and there is no explanation of the said delay caused. The allegations of rape were made but there is no medical corroboration of the incident as the victim has not sustained any injury whatsoever. Even the statement of the victim recorded U/s 183 B.N.S.S. is contradictory. 6. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although she is stated to be 17 years old as per her academic records. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 8.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. and learned counsel appearing for CWC have 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 delay of three days in institution of 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. 9. Let the applicant- Mohit 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 :- 29.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad