Neutral Citation No. - 2025:AHC:93304 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17638 of 2025 Applicant :- Ratnesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avinash,Lal Prabhakar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lal Prabhakar Singh, learned counsel for the applicant, Sri Amit Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 93 of 2025, under Sections 74, 115(2), 351(3) 70(2) B.N.S. and Section 5/6 POCSO Act, Police Station Gunnor, District Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim by snatching her dupatta when she had gone to buy milk on 28.03.2025. 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. The FIR is delayed by about two days and there is no explanation of the said delay caused. The allegations of outraging the modesty were reiterated in the statement of the victim recorded under Section 180 B.N.S.S., but the said allegations have been escalated to that of gang rape in the statement of the victim recorded under Section 183 B.N.S.S. that too after legal consultation. The victim has given contradictory statement about her age. 6. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident of rape. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that applicant has committed gang rape with the victim along with other co-accused persons. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that the FIR and the statement of the victim recorded under Section 180 B.N.S.S. did not whisper a single word about rape and the same has been levelled at the stage of recording of statement under Section 183 B.N.S.S. only and there being 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. 9. Let the applicant- Ratnesh, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 30.5.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad