Neutral Citation No. - 2025:AHC:73586 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14043 of 2025 Applicant :- Moolchand Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shilpy Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 26.04.2025 but none is present on behalf of the informant. 2. Heard Sri Shilpy Sharma, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 21 of 2025, under Sections 65(2) of BNS and Section 5(N)/6 and 9(N)/10 of POCSO Act, Police Station Balaini, District Baghpat, during the pendency of trial. 4. As per prosecution story, the applicant is stated to be the maternal grand father (nana) whereby she used to reside and he is stated to have committed rape with her on 17.02.2025 at about 3 p.m. and also used to outrage her modesty several times for the last 2-3 months. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 23 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the medical examination of the victim was undertaken on the date of institution of the FIR itself and no injury was observed on the body of the victim, as such the allegations are false. The truth is that the victim was having intimate relationship with his brother-in-law (jija) and was seen by the applicant and was scolded by him and to save her skin, she has falsely instituted the FIR against the applicant. It is true that the victim is minor aged about 12 years. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 18.02.2025 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. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Moolchand , 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 the 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 :- 7.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad