Neutral Citation No. - 2025:AHC:103912 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49636 of 2023 Applicant :- Gurdeep @ Pinku Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Pankaj Kumar Mishra,Sanjay Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- 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 14.11.2023. 3. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 247 of 2023, under Sections 452, 504, 506 & 376 I.P.C. and Section 7/8 POCSO Act, Police Station-Kotwali, District-Etawah, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have outraged the modesty of the daughter of the informant aged about 14 years on 01.09.2023 at about 03:00 PM. 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 ten days and there is no explanation of the said delay caused. Initially the F.I.R. was instituted under Section 354 I.P.C. only, but subsequently the allegations have been escalated to that of rape 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. He has placed much reliance on the statement of Doctor, PW-4 who has categorically stated that by her observation, she could not opine about the victim being subjected to any kind of sexual assault. There is no likelihood of conclusion of trial in near future as only four witnesses have been examined up to date. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.09.2023 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. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the statement of Doctor, PW-4 who has categorically stated that by her observation, she could not opine about the victim being subjected to any kind of sexual assault 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-Gurdeep @ Pinku, 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