Neutral Citation No. - 2025:AHC:73611 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15163 of 2025 Applicant :- Kaushal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Punita Pandey,Shweta Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Shweta Pandey, learned counsel for the applicant, Sri Jagadish Prasad Mishra, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.82 of 2025, under Sections 61(2), 64 B.N.S. and 16/17 POCSO Act, Police Station- Amroha Dehat, District- Amroha, during the pendency of trial. 4. As per prosecution story, it is a case of rape and the applicant is stated to have used the scooty on which co-accused person is stated to have taken the main accused person Jinkal Maan. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is not named in the FIR and his name is absent in the statement of victim recorded U/s 180 B.N.S.S. also. The name of the applicant for the first time has come up in the statement of informant recorded U/s 180 B.N.S.S. and that of victim U/s 183 B.N.S.S. after legal consultation. It is a clear-cut case of false implication. 6. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident and also there is no test identification parade as per Section 7 of Bharatiya Sakshya Adhiniyam. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 8. In the case of Rahul v. State of Delhi Ministry of Home Affairs & Anr. AIR 2022 SC 5661 the Supreme Court acquitted the accused persons as no test identification parade was conducted as per provisions of Sec. 9 of Evidence Act. This Court in the most referred case of Asharfi and another v. The State AIR 1961 All 153 laid down that the object of Test Identification Parade was to give credence to the statement of a witness who does not know the accused before. 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 applicant is not named in the FIR and his name has come up for the first time at the stage of recording of the statement of victim U/s 183 B.N.S.S. and that of the informant U/s 180 B.N.S.S. coupled by the fact that there is 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- Kaushal, 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