Neutral Citation No. - 2025:AHC:73658 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14008 of 2025 Applicant :- Ahmad Hasan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.,Krishna Kant Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Shahabuddin, learned counsel for the applicant and Sri Krishna Kant Yadav, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 123 of 2025 , under Sections 64(2)M, 79, 351(2), 352 of BNS and Sections 3/4 of POCSO Act, Police Station Tanda, District Rampur, during the pendency of trial. 4. As per prosecution story, the applicant and co-accused persons are stated to have committed gang rape with the victim on 20.03.2025 at about 5:30 a.m. The mother of the victim reached there and found the applicant and co-accused person committing the said offence. The victim is stated to have told her mother that the said offence was committed by the applicant and co-accused persons about two months before also and had video recorded the said act and blackmailed her to make it viral on social media. 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 two months from the previous act and is delayed by more than two days from the date of alleged incident and there is no explanation of the said delay caused. 6. Learned counsel has also stated that it is a clear cut case of false implication as the applicant has been falsely implicated due to village political rivalry out of Panchayat Elections. The applicant, his father and uncle have also been implicated in the said act. In the Indian contest, it is not possible for the father, son and uncle trio to commit the said offence. There is no recovery of any video whatsoever. There is no medical corroboration of the incident. As per school certificate, age of the victim has come up to be 16 years and 8 months. 7. The criminal history of one case assigned to the applicant has been explained. The applicant is languishing in jail since 04.04.2025 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 and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. 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. 11. Let the applicant- Ahmad Hasan , 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 7.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad