Neutral Citation No. - 2025:AHC:87684 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16504 of 2025 Applicant :- Nikhil Kumar Alias Buttu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Sunil Kumar Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Avinash Pandey, learned counsel for the applicant and Sri Sunil Kumar Mishra, learned counsel for the informant as well as Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 98 of 2025, U/S 333, 76, 64(2)(m) B.N.S. and 5L/6 and 7/8 POCSO Act, Police Station Sadar Bazar, District Saharanpur, during the pendency of trial. PROSECUTION STORY: 4. The applicant is stated to have outraged the modesty of the victim by forcing her on to the bed with the intention to disrobe her on 24.2.2025 at about 3.30 pm. The brother of the victim is stated to have seen the said incident. ARGUMENTS ON BEHALF OF THE APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. 6. The FIR is delayed by about one day and there is no explanation of the said delay caused. 7. The allegations of intent to disrobe have been escalated to that of rape in the statements of the victim recorded u/s 180 and 183 B.N.S.S., wherein the story has been changed drastically. It is stated to be a case of illicit relationship and clicking indecent photographs and videos of the victim. The applicant is stated to have threatened the victim to make the said indecent photo and video viral on social media. The said fact does not stand fortified by any evidence, whatsoever, as there is no recovery of any video or photo, whatsoever. 8. There is no medical corroboration of the incident, as there is no injury observed by the doctor conducting her medical examination. 9. The victim is major, being 18 years old as per ossification test report. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 26.2.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 11. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR, there being no medical corroboration of the incident and initially, the allegations were made of intent to disrobe the victim, 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. 13. Let the applicant- Nikhil Kumar Alias Buttu, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 15. 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 :- 23.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad