Neutral Citation No. - 2025:AHC:103657 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43098 of 2023 Applicant :- Sumit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar,Indra Jit Singh Counsel for Opposite Party :- G.A.,Narayan Swaroop Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri O.P. Singh, learned Senior Counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 194 of 2021, under Sections 376(2)(i), 315, 506 I.P.C. and Section 4 of POCSO Act, Police Station- Aliganj, District- Etah, during the pendency of trial. 4. As per prosecution story, the younger sister of the informant went to the matrimonial house of his elder sister-Soni where the neighbor of the matrimonial house of Soni outraged the modesty of informant's younger sister on the point of a country made pistol. 5. Learned Senior 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 victim has been examined as PW-2 in Court and she has not supported the prosecution story rather she has stated that she was raped upon by some unknown person and got impregnated as such. 6. Learned Senior Counsel for the applicant has further stated that the instant case is just a misuse of process of law and. The victim by her looks seems to be major. As per the ossification test report her age has come out to be19 years. 7. It is further argued by learned Senior Counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 30.05.2021 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 A.G.A. 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, and taking into consideration the statement of victim, PW-2 and her age being 19 years old as per ossification test 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- Sumit, 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. 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 :- 3.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad