Neutral Citation No. - 2025:AHC:82493 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16758 of 2025 Applicant :- Hemant Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gauri Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Rakesh Kumar Tripathi, holding brief of Sri Gauri Shankar Mishra, learned counsel for the applicant and Sri S.K. Tiwari, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 96 of 2025, under Sections 64, 127(2) of BNS and Sections 3/4 of POCSO Act, Police Station Harduaganj, District Aligarh, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have forced the victim into his gate and has committed rape with her on 18.03.2025 at about 11 a.m. by tying her hands and mouth. After sometime, the informant heard the noise of the victim, as such released her and subsequently, the FIR was instituted on 20.03.2025. 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 as alleged in the FIR. The FIR is delayed by about 2 days and there is no explanation of the said delay caused. 7. Learned counsel has also stated that the victim is more than 16 years but by her looks, she seems to be major. It is a clear cut case of false implication as there is no medical corroboration. The victim has not sustained any internal or external injury whatsoever. There is no recovery of any rope or cloth from the place of occurrence regarding her tying down by the applicant. 8. The criminal history of one case assigned to the applicant has been explained. The applicant is languishing in jail since 29.03.2025 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. 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. 10. 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Hemant Kumar , 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad