Neutral Citation No. - 2025:AHC:89972 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18185 of 2025 Applicant :- Manish Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Dubey, learned counsel for the applicant, Sri V.K.S. Parmar, 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 19.05.2025. 4. Applicant seeks bail in Case Crime No.30 of 2025, under Sections 70(2), 351(3) B.N.S. and 5/6 POCSO Act, Police Station Gollohara, District Siddharth Nagar, during the pendency of trial. 5. As per prosecution story, the applicant and co-accused person Vinay Chaurasia are stated to have committed gang-rape with the daughter of the informant by forcing her into wheat field on 14.03.2025 at about 1:00 p.m. 6. The victim was found flabbergasted and could regain her senses after some time. 7. 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 eight days and there is no explanation of the said delay caused. The story as narrated cannot be believed. The victim is 18 years old as per ossification test report. 8. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident, as such, it is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 23.03.2025 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 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. 11. Let the applicant- Manish Prajapati, 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 :- 27.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad