Neutral Citation No. - 2025:AHC:91129 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17177 of 2025 Applicant :- Ved Prakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Lalit Kumar Gond, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 144 of 2025, U/S 65(1), 352, 351(3) B.N.S. and 3/4 POCSO Act, Police Station Dhanghata, District Sant Kabir Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim by disrobing her on 31.3.2025 at about 10.30 pm by forcing her into agricultural field. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel has further argued that the statement of the victim is contradictory to the FIR, which was instituted by her father stating that he had reached the place of occurrence but the victim in her statement recorded u/s 183 B.N.S.S., has stated that she was seen by her brother at the time of incident. The said statement recorded u/s 183 B.N.S.S. is indicative of her consent, as she has stated that she was disrobed by the applicant. There is no sign of any resistance, whatsoever. There is no injury sustained by the victim, as such, there is no medical corroboration or forensic corroboration. 7. It is further argued that the victim is stated to be 16 years old as per ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 6.4.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the police in collusion with the applicant, did not institute the FIR, as the application was given at the police station in the next morning by the informant himself. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR, there being no medical corroboration of the incident, there being no sign of resistance, coupled by the fact that the victim is stated to be 16 years old as per ossification test report, 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- Ved Prakash involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 :- 28.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad