Neutral Citation No. - 2025:AHC:53196 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30653 of 2024 Applicant :- Hariram @ Hariom Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prasant Rathor,Sanjay Gangwar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 18.08.2024 but none is present on behalf of the informant. 2. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Sanjay Gangwar, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 50 of 2023, under Sections 323, 376(2)n of IPC and Sections 3/4 of POCSO Act, Police Station - Tilhar, District - Shahjahanpur, during the pendency of trial. 4. As per prosecution story, the applicant who happens to be the foster father of the victim, is stated to have raped her thrice during last two years, as such, she is stated to have left her house on 24.01.2024. 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 as alleged in the FIR. The victim has categorically stated that she roamed Bareilly and Moradabad station and returned back after three days. The said fact stands falsified from the statement of the informant, who happens to be the mother of the victim and the applicant, which was recorded u/s 161 Cr.P.C. by the I.O. It is stated therein that the victim was having an affair with one Sudhir and they have allayed apprehension that the victim might have eloped with said Sudhir. 6. Learned counsel has also stated that the instant case has been foisted on the applicant just to save the said accused person, Sudhir, who was named in the FIR. It is also stated that the victim has married the said person Sudhir. There is no criminal history of the applicant. The applicant is languishing in jail since 14.2.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 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 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. 9. Let the applicant- Hariram @ Hariom, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 10.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad