Neutral Citation No. - 2025:AHC:21804 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25444 of 2024 Applicant :- Sukh Singh Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Yadav,Kamala Shanker Singh,Mukul Kumar,Ray Sahab Yadav Counsel for Opposite Party :- G.A.,Shailendra Singh Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 3. The present second bail application has been filed on behalf of the applicant in Case Crime No. 164 of 2022, under Sections - 452, 376 I.P.C., Section - 3/4 of Protection of Children From Sexual Offences Act and Section - 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Police Station - Mauranipur, District - Jhansi, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court, vide order dated 26.02.2024, passed in Criminal Misc. Bail Application No. 31264 of 2022. 4. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The allegation that on pretext of doing some treatment by 'Tantra-Mantra', applicant has committed rape upon the victim, is wholly false. It was submitted that in fact applicant is working as quack doctor' and he has provided treatment to the victim and the dispute has taken place on account of money and applicant was falsely implicated due to that reason. It was submitted that after incident, first information report was registered under Section - 342, 354 I.P.C., Section - 3/4 POCSO Act and Section - 3(2)(V) S.C./S.T. Act. In the first information report, there were no allegations of rape. The version regarding rape was developed during investigation. As per ossification test report, age of victim is stated about 16 years and she has not sustained any injury. The prosecution version regarding molestation of victim is not supported by medical evidence. 5. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 26.02.2024. Now all the witnesses of fact including victim have been examined before the Trial court and thus, there is no possibility of tampering with evidence. The applicant has no criminal history. It was stated that applicant has four minor children and now he is in jail since 27.05.2022 and thus, in view of aforesaid facts, he may be granted bail. 6. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that first bail application of applicant has already been rejected on merits and that as per school record, age of victim is about 16 years. 7. Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 8. Let the applicant - Sukh Singh Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 9. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 14.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad