Neutral Citation No. - 2025:AHC:87908 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17763 of 2025 Applicant :- Prince Alias Himanshu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bed Prakash Rai 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 6.5.2025. 3. Heard Sri Bed Prakash Rai, learned counsel for the applicant, 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.23 of 2019, under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police Station- Rajabpur, District- Amroha, during the pendency of trial. 5. As per prosecution story, the FIR was instituted by the informant on 13.2.2019 at about 11:00 p.m. stating that his daughter was missing since 11.2.2019 at 11:00 a.m. 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 more than two days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that no person is named in the FIR. The name of the applicant has come up subsequently in the statement of victim recorded U/s 180 & 183 B.N.S.S. that too after a delay of about six years. The victim has stated that applicant had raped her earlier on and she escaped his clutches and remained with a lady for one and half months and thereupon she was married to one Dharmendra and out of the said corporeal relationship she had given birth to a baby-girl which is about one and half years old. 8. It is further argued by learned counsel for the applicant that the applicant has been falsely implicated after a delay of six years as an afterthought. The victim is living happily with her husband Dharmendra. Although the victim is stated to be minor at the said time of offence, but all the allegations are false and there is no medical corroboration of the incident either. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.3.2025 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. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that victim has levelled the allegations against the applicant after a delay of about six years 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. 11. Let the applicant- Prince Alias Himanshu, 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. 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 :- 23.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad