HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23112 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Counter affidavit filed by learned A.G.A. is taken on record. 3. Heard Sri Anand Kumar Tiwari, learned counsel for the applicant, Sri Atul Kumar, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.33 of 2025, under Sections 74, 76, 351(2) B.N.S. and Section 7/8 POCSO Act, Police Station Basai Arela, District Agra, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed aggravated sexual assault with the victim, although the victim is stated to have avoided being raped by the applicant. 6. Learned counsel for the applicant has argued that the victim is a married lady, aged about 17 years, and the applicant has been falsely implicated in a case under POCSO Act. The allegations are per se false. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 14.05.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application. Versus Counsel for Applicant(s) : Anand Kumar Tiwari Counsel for Opposite Party(s) : Atul Kumar, G.A. Shyam Pal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no medical corroboration of the incident, and without expressing any opinion on the merits of the case, prima-facie 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- Shyam Pal, 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 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. September 19, 2025 (Ravi Kant) BAIL No. 23112 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad