Neutral Citation No. - 2025:AHC:82284 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14511 of 2025 Applicant :- Sauran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava Hon'ble Krishan Pahal,J. 1. List has been revised. 2. The earlier order of this Court dated 1.5.2025 has been complied with by learned counsel for the applicant. 3. Heard Sri Prashant Sharma, learned counsel for the applicant and Sri Sandeep Kumar Srivastava, learned counsel for the informant 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.60 of 2025, under Sections 64 B.N.S. and 3/4 POCSO Act, Police Station- Saidnagli, District- Amroha, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim by forcing her in agricultural field on 27.3.2025 at about 04:00 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. He has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that there is no sign of any injury sustained by the victim on her internal or external parts of the body, as such, it is a clear cut case of false implication. As per the FIR, the victim is 16 years old, but as per the school certificate her date of birth is stated to be 14.8.2010. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 1.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 10. 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 two 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. 11. Let the applicant- Sauran, 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 pressurize/intimidate 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 :- 17.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad