Neutral Citation No. - 2025:AHC:142130 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19709 of 2025 Applicant :- Vijay Kumar Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 30.05.2025 but none is present on behalf of the informant even in the revised call. 2. Heard Sri Kuwar Mayank Singh, holding brief of Sri Shiv Kumar Yadav, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer as well as perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 498 of 2019, under Sections 376, 120B I.P.C. and Section 5L/6 of POCSO Act, Police Station Phoolpur, District Prayagraj, during the pendency of trial. 4. 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. 5. Learned counsel has next stated that the allegations are per se false. The victim is major aged about 20 years. The FIR does not indicate that the applicant had raped her and he is stated to be the person who used to facilitate the meeting of the victim with the main accused Sushil Kumar Gupta but subsequently allegations of rape have been added against the applicant in the statement of the victim recorded under section 164 Cr.P.C. as such, it is a clear cut case of false implication. 6. The applicant is languishing in jail since 28.04.2025 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 State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties 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- Vijay Kumar Gupta, 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. 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 :- 20.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad