Neutral Citation No. - 2025:AHC:103710 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48521 of 2023 Applicant :- Ankur Jain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- Aarushi Khare,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 28.10.2023. 3. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 0565 of 2023, under Sections 376(A)(B), 354 I.P.C. and 5(m)/6 POCSO Act, Police Station- Kotwali Lalitpur, District- Lalitpur, during the pendency of trial. 5. As per prosecution story, the FIR was instituted by the informant that the applicant had outraged the modesty of his daughter on 28.07.2023 and had even threatened her to beat her family members, as such, the FIR was instituted by the informant on 30.07.2023. 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 more than two days and there is no explanation of the said delay caused. The FIR was instituted regarding outraging her modesty only, but subsequently allegations of rape has been escalated by the informant after legal consultation. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the offence of rape as the victim has not been subjected to any medical examination whatsoever. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 31.07.2023 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. Per contra, learned counsel for the High Court Legal Services Committee, Allahabad, Mr. Ishan Khare, Advocate holding brief of Mr. Arushi Khare and learned A.G.A. has vehemently opposed the bail application on the ground that applicant had raped the victim twice before and victim is a girl aged about seven years only, as such, the crime comes out to be of of extreme mental depravity, as such, he is not entitled for bail. 9. After hearing the parties and taking into consideration that initially the FIR was instituted regarding outraging modesty only and it is delay delayed by two days coupled by the fact that there is 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- Ankur Jain, 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. 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 :- 3.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad