Neutral Citation No. - 2025:AHC:103617 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42321 of 2023 Applicant :- Abhishek Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Prakash Singh,Prabhakar Dwivedi,Vikram Bahadur Yadav Counsel for Opposite Party :- Furquan Ahmad (Alvi),G.A. Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Janardan Yadav, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 247 of 2023, under Section 376AB of IPC and Sections 5M/6 of POCSO Act, Police Station - Pawai, District - Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant in the morning of 27.07.2023 at about 04:00 AM and committed aggravated sexual assault with the daughter of the informant. 5. Learned counsel for the applicant has argued that the applicant is 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 more than 11 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the statement of three witnesses of fact have been recorded in court and the informant has been examined as PW- 1 who has categorically stated that the applicant had gone to the police station along with the victim PW- 2. The said averment stands falsified from the G.D. of institution of the crime coupled by the statement of the constable, who instituted the G.D., as he has stated that the informant had come alone. 7. Learned counsel has argued that the victim PW-2 in her statement recorded in Court has stated that on the very date of offence, she went to school at 09:00 AM and had returned home at about 03:00 PM. It was not possible for a girl that after having heinous crime being committed to her, she went to school the same day, as such, her conduct is unnatural. 8. Learned counsel has next contended that there is no medical corroboration of the incident. The victim has not sustained any injury whatsoever. The applicant is languishing in jail since 29.07.2023, having no criminal history to his credit. The trial is moving at a snail's pace as only three witnesses have been examined to date, as such, there is no likelihood of early conclusion of trial in near future. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR, status of trial, period of incarceration and also considering the fact that there is no medical evidence to corroborate the prosecution story coupled by the fact that the victim has not sustained any injury, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Abhishek, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 3.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad