Neutral Citation No. - 2025:AHC:82684 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14782 of 2025 Applicant :- Prem Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shailendra Kumar Singh, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Learned State Law Officer has informed that the notice to the informant has been served on 28.04.2025. 4. Applicant seeks bail in Case Crime No.150 of 2024, under Sections 137(2), 65(2) B.N.S. and Section 5-M/6 POCSO Act, 2012, Police Station Jansa, District Varanasi, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim when she had gone to agricultural field to graze her goat on 04.08.2024 between 12-1 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 three days and there is no explanation of the said delay caused. It is a clear-cut case of false implication as there is no medical corroboration of the incident. The victim was medically examined by the doctor on the date of institution of the FIR and no injury has been observed by the doctor. 7. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 07.08.2024 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 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- Prem Patel, 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 :- 17.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad