Neutral Citation No. - 2025:AHC:32645 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1438 of 2025 Applicant :- Sunil Setty Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A.,Harindra Prasad,Kaushalesh Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms.Reena Pal, learned counsel for the applicant, Sri Harindra Prasad, learned counsel for the informant, 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. 227 of 2024, under Sections 313, 328, 376, 506/34 IPC and Section 5J (II)/6 POCSO Act, Police Station-Salempur, District-Bulandshahr, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have taken an indecent video of the victim at the time when she was taking bath and subsequently, he blackmailed her to make it viral on social- media and established corporeal relationship with her. The victim got impregnated by the said act of the applicant as such the pregnancy was terminated at the house itself. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegation is per se false. The FIR itself is delayed by about one and a half year and there is no explanation of the said delay. The victim as per her school certificate is stated to be 17 years, 7 months and 8 days old at the time of her medical examination. Although, at the time of initial offence, her age is stated to be 15 years, but there is no medical corroboration of the incident. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant has vehemently opposed the bail application on the ground that the victim was examined medically by a doctor and he could not find any remnants of previous pregnancy, but had taken sample for DNA analysis. 9. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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- Sunil Setty, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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 :- 6.3.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad