Neutral Citation No. - 2025:AHC:81192 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33337 of 2024 Applicant :- Chandrabhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Naresh Chandra Nishad Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today is taken on record. 2. Pursuant to the previous order dated 04.04.2025, learned A.G.A. for the State has produced office copy of affidavit of compliance dated 21.04.2025, annexing the F.S.L. report of the victim. The office copy of the affidavit of compliance filed is treated to be a part of the record. 3. Heard Shri Naresh Chandra Nishad, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 4. This is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 08.02.2024 passed in Criminal Misc. Bail Application No. 38895 of 2023. 5. Learned counsel for the applicant submits that after the first bail application of the applicant was rejected, during the course of trial though the victim appearing as P.W.2 at the trial had supported the prosecution case, but the doctor who had medically examined the victim after the incident, appeared before the trial court as P.W.4 and in her deposition she had specifically stated that she has not found any recent mark of forceful sexual assault on her private part. The statement of P.W.4 has been annexed with the supplementary affidavit filed today. Learned counsel further submits in the F.S.L. report it has been clearly stated that no sperm or semen was detected in the samples sent. Thus, learned counsel for the applicant submits that in absence of any medical evidence regarding sexual assault committed by the applicant upon the victim, there is bleak chance that prosecution may prove its case beyond reasonable doubt and the applicant may be convicted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.11.2022, having no criminal history and has already undergone a substantial period of incarceration, therefore, he deserves to be enlarged on bail sympathetically. 6. Per contra, learned A.G.A. as well has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged before conclusion of trial, therefore, he does not deserve any indulgence, but he could not dispute the opinion given in the F.S.L. report. 7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 8. Let applicant-Chandrabhan, involved in Case Crime No. 624 of 2022, under Section 376(3) I.P.C. and Section 6 of Protection of Children From Sexual Offences Act, Police Station Rath, District Hamirpur, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (v) 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. 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 and the trial court may proceed against him under Section 229-A IPC. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law. 10. The bail application is allowed. Order Date :- 16.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad