Neutral Citation No. - 2025:AHC:89255 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16791 of 2025 Applicant :- Shivam Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant, Sri Sunil Kumar, 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 17.05.2025. 4. Applicant seeks bail in Case Crime No.148 of 2025, under Sections 65(1), 115(2), 352, 351(3) B.N.S., 2023, Section 3/4 POCSO Act, 2012 and Section 3(1) द ध, 3(2)(V) SC/ST Act, Police Station Khorabar, District Gorakhpur, during the pendency of trial. 5. As per prosecution story, the applicant alongwith three other named accused persons and three unknown persons are stated to have committed gang-rape with the victim by forcibly taking her away near a river on 28.02.2025 at about 3:00 p.m. 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 as it was instituted in the night at 3:10 a.m. The allegations are per se false. The victim is a consenting party as is evident from the CCTV footage taken from a petrol pump, in which the victim is visible going with the applicant on a motorcycle at 11:30:34 hours on 28.02.2025 itself. 7. Learned counsel for the applicant has further stated that in the statement of the receptionist of the hotel, it has come up that the applicant and the victim had both booked a room in the hotel and remained there. Even they are visible in the CCTV of the hotel, as such, it is a clear-cut case of false implication. The truth is that the applicant and the victim were caught together by the family members and the applicant was given a hard beating by them and he was admitted in a hospital in the same night i.e. on 01.03.2025 at 12:03.15 a.m. and he was discharged on 02.03.2025 at 2:52:00 p.m. 8. Learned counsel for the applicant has also argued that the injury sustained by the applicant was head injury due to assault. The allegations have deliberately been escalated to that of gang-rape. There is no other person seen with the applicant at the petrol pump or at the hotel. There is no criminal history of the applicant. The applicant is languishing in jail since 18.03.2025 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. has 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 fact that the victim seems to be a consenting party 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- Shivam Gupta, 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. 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 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad