Neutral Citation No. - 2025:AHC:84314 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17342 of 2025 Applicant :- Pawan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atul Kumar Tiwari, learned counsel for the applicant and Sri Dinesh Kumar Mishra, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 30 of 2025, under Sections 376, 354, 506 IPC and Section 74, 115(2), 352, 351(3) of BNS and Sections 3/4 of POCSO Act, Police Station Hafijpur, District Hapur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the daughter of the informant about one year before the FIR. The matter was reported to the police by the informant but no action was taken, as such, he instituted the instant FIR on 06.03.2024. 5. 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 as alleged in the FIR. The FIR is delayed by about more than one year and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim in her statement recorded under section 164 Cr.P.C. has stated that she was raped upon by the applicant in the month of December, 2023. The victim is 19 years old as per ossification test report, as such is major. 7. It is next stated that the applicant had given Rs. two lacs to the informant. The said fact stands fortified from the bank statements which indicates that the applicant had transferred an amount of Rs.50,000/- to the account of the informant on 28.08.2024 and Rs.1,50,000/- on 12.08.2024. The applicant had even given a notice to the informant through his Advocate on 21.01.2025 and there is a reply filed by the informant through his Advocate on 30.01.2025. Subsequent to it, applicant had instituted a recovery suit before the court of Civil Judge, Junior Division-I, Hapur and the same was entered as filing no.121 of 2025. The said documents have been filed as Annexure-9 to the affidavit filed with the bail application. 8. The instant case is a misuse of process of court. There is no medical corroboration of the incident. The criminal history of one case assigned to the applicant has been explained as in the said case crime no.55 of 2024, the applicant had filed a petition under section 482 Cr.P.C. having no.1117 of 2024 before this Court and the proceedings have been stayed by this Court. The applicant is languishing in jail since 29.03.2025 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. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant is a powerful person of the locality and the informant was the servant and used to live in a thatched hut in the agricultural field of the applicant only and the applicant has misused his clout and did not let the informant to marry his daughter off, as such the applicant is not entitled for bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the said recovery suit being pending against the informant and there being no medical corroboration of the incident and the delay in institution of the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Pawan, 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 the 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 :- 20.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad