Neutral Citation No. - 2025:AHC:82423 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16841 of 2025 Applicant :- Vidhyaram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 07.05.2025. 4. Applicant seeks bail in Case Crime No.56 of 2025, under Sections 64, 333, 115(2), 352, 351(2) B.N.S. and 3/4 POCSO Act, Police Station Dataganj, District Budaun, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have barged into the house of the informant on 11.02.2025 at about 2:30 a.m. and committed rape with her. After her raising of alarm, the other family members are stated to have reached there. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about thirteen hours and there is no explanation of the said delay caused. There is no medical corroboration of the incident as no injury has been observed by the doctor conducting medical examination of the victim. 7. Learned counsel for the applicant has further argued that the victim is stated to be 15 years old as per ossification test report, but it is a clear-cut case of false implication. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 12.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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, taking into consideration the delay in institution of the 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. 10. Let the applicant- Vidhyaram, 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 pressurise/intimidate with 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 :- 17.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad