Neutral Citation No. - 2025:AHC:73493 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15260 of 2025 Applicant :- Veer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Ajay Sengar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.915 of 2023, under Sections 354, 376, 420, 506 I.P.C., Police Station- Kotwali Nagar, District- Banda, 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 police was pleased to file closure report in the instant case after thorough investigation, but subsequently at the stage of taking cognizance on the closure report, the learned Magistrate has summoned the applicant vide order dated 13.9.2024. 6. Learned counsel for the applicant has further stated that the applicant is a bona fide person and has surrendered before the court on 27.3.2025 and he is in jail since then. There is no medical corroboration of the incident as the victim has refused her medical examination. The criminal history of one case assigned to the applicant has been explained vide supplementary affidavit filed today in Court. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that closure report was filed by the police 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- Veer 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. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad