Neutral Citation No. - 2025:AHC:89484 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16864 of 2025 Applicant :- Santram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 16.5.2025. 3. Heard Sri Keshari Nandan Singh, learned counsel for the applicant, Ms. Archana Yadav, learned counsel appearing for High Court Legal Service Committee as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.346 of 2022, under Sections 323, 342, 354-B, 362, 376(2)(N) I.P.C. and 8 POCSO Act, Police Station- Sumerpur, District- Hamirpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in collusion with other co-accused persons and is stated to have forcibly kept her in his house. The said fact was revealed to the informant on 27.5.2022, as such, the applicant and other family members are stated to have assaulted them and torn off the clothes of the victim. It is alleged that an NCR no.105 of 2022 under Section 323, 504 I.P.C. was instituted at the police station just to cover up the matter. 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 months and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that it is a clear cut case of false implication as the applicant had found the victim with one Surendra in Hamirpur going in a train and had informed the police by dialing 112 number, as such, they both were apprehended by the police at that time, whereby the victim has stated that she had gone with Surendra out of her own sweet- will and had not raised any allegation against the applicant. 8. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 5.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel appearing for High Court Legal Service Committee have vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate 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. 11. Let the applicant- Santram, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 26.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad