Vivek Kumar Singh, J.

1. Heard learned counsel for the applicant and learned AGA appearing for the State and perused the material brought on record. None is present from the side of the informant.

2. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Victim was aged about 16 years. It is next contended that victim in her statement recorded under Section 164 Cr.P.C. has specifically stated that she was in love with the applicant since one year and on his call at night, she went to meet him of her own free will. There is material contradictions in the statement of the victim recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C. and F.I.R. has been lodged as an afterthought. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that the applicant is languishing in jail since 5.2.2022. It has been pointed out that the applicant has no criminal history.

3. Learned A.G.A. has vehemently opposed the prayer.

4. Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

5. Let applicant- Dharmendra @ Bhurra, be released on bail in Case Crime No. 26 of 2022, under Sections- 363, 366, 376 IPC and Section 3/4 of the POCSO Act, Police Station- Karhal, District- Mainpuri, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

6. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

7. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

8. In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.