Neutral Citation No. - 2025:AHC:78957 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16291 of 2025 Applicant :- Balli @ Balkaran Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned A.G.A. has informed that notice to the informant has been served on 3.5.2025. 3. Heard Sri Amit Kumar Dixit, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.405 of 2024, under Sections 70(2), 351(2), 137(2), 115(2) B.N.S., 5/6 POCSO Act and 3(2)5 SC/ST Act, Police Station- Bisanda, District- Banda, during the pendency of trial. 5. As per prosecution story, the co-accused person Pramod is stated to have committed rape with the victim on 2.11.2024 at about 06:30 p.m. The applicant is stated to have assisted him in the said act by catching hold of her and is stated to have gagged her mouth. 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. The FIR is delayed by about three days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident as the victim has not sustained any internal or external injury whatsoever on her body parts. Learned counsel has stated that initially there was no allegation of rape against the applicant but the same has been raised for the first time at the stage of recording of the statement of victim U/s 183 B.N.S.S. 8. It is further argued by learned counsel for the applicant that the allegations have been escalated after legal consultation. The criminal history of one case assigned to the applicant has been explained. The applicant is languishing in jail since 9.11.2024 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. Learned A.G.A. has vehemently opposed the bail application. 10. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being 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. 12. Let the applicant- Balli @ Balkaran Patel, 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. 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 :- 14.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad