Neutral Citation No. - 2025:AHC:103722 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48524 of 2023 Applicant :- Bhanu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj,Sunil Kumar Pandey Counsel for Opposite Party :- Dhirendra Kumar Verma,G.A.,Srawan Kumar Swarnkar 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 06.11.2023. 3. Heard Sri Pankaj Kumar, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 85 of 2023, under Sections 452, 323, 504, 506, 376AB I.P.C. and 5m/6 POCSO Act, Police Station- Baburi, District- Chandauli, during the pendency of trial. 5. As per prosecution story, applicant is stated to have barged into the house of the informant on 20.08.2023 at about 5:00 PM and had assaulted her daughter and caused injuries. Subsequently, the applicant is also stated to have caused injuries to her husband also. 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 one day and there is no explanation of the said delay caused. Initially the FIR was instituted regarding house trespass and simple hurt only but subsequently allegations have been escalated to that of rape after legal consultation. It is further submitted by learned counsel for the applicant that only two witnesses of fact have been examined and there is no likelihood of early conclusion of trial. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the offence of rape. Only simple injuries have been sustained by the father of the victim even the victim has not sustained any injury either, as such, it is a clear cut case of false implication. Instant case may fall to the maximum of physical altercation between the father of the victim and the applicant only. There is no criminal antecedents of the applicant. The applicant is languishing in jail since 30.08.2023 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 A.G.A. has vehemently opposed the bail application. 9. After hearing the parties and taking into consideration that initially the FIR was instituted regarding house trespass and simple hurt only coupled by the fact that there is no medical corroboration of the offence of rape 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- Bhanu, 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