Neutral Citation No. - 2025:AHC:83135 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15798 of 2025 Applicant :- Umesh Chaudhary Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 06.05.2025 but none is present on behalf of the informant. 2. Heard Sri Munna Prasad Yadav, holding brief of Sri Ramesh Kumar Pandey, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 15 of 2025, under Sections 137(2), 87, 70(2), 3(5) of BNS and Sections 5G/6 of POCSO Act and Section 3(2)5 of SC/ST Act, Police Station Hathras Junction, District Hathras, during the pendency of trial. 4. 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. 5. Learned counsel has also stated that the prosecution story stands falsified from the fact that the victim has stated that her clothes were torned off by the applicant but there is no recovery of any torned clothes by the Investigating Officer, as such it is a clear cut case of false implication. It is further stated that the case of the applicant is at par with the co-accused, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 23.01.2025 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. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the case of the applicant is at different footing qua the co-accused who has been enlarged on bail as there were allegations of attempt to rape on the said co- accused person while the applicant is the person who had committed rape with the victim as per the statement of the victim recorded under section 183 BNSS. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the statement of the victim and there being no recovery of any clothes by the Investigating Officer, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Umesh Chaudhary , 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 19.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad