Neutral Citation No. - 2025:AHC:21296 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2281 of 2025 Applicant :- Vishal Raikwar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 20.1.2025. 3. Heard Sri Samsuzzaman, Advocate holding brief of Sri Fakhruzzaman, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.149 of 2024, under Sections 376D, 506 I.P.C., 5G/6 POCSO Act and 3(2)5 SC/ST Act, Police Station- Badagaon, District- Jhansi, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have befriended the victim on instagram and subsequently he is stated to have called her to a secluded place in an abandoned house and he alongwith three other co-accused persons is stated to have gang- raped her on some unknown date and time. The applicant is even stated to have video recorded the said act. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no date and time of offence mentioned in the FIR, as such, the FIR is delayed. There is no medical corroboration of the said incident. There is no recovery of any video whatsoever. The victim by her looks seems to be major, although, she is stated to be 17 years old as per the FIR. 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 8.6.2024 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 A.G.A. has vehemently opposed the bail application. 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- Vishal Raikwar, 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 :- 14.2.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad