JUDGMENT : (Krishan Pahal, J.) 1. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Pawan Giri, Advocate holding brief of Sri Rajesh Prasad, learned counsel for the applicant and Sri Jai Kishan Chaurasiya, learned A.G.A. for the State and perused the material available on record. 3. Applicant seeks bail in Case Crime No. 02 of 2024, under Sections 376, 452, 504, 506 of I.P.C., Police Station - Pakri, District - Ballia, during the pendency of trial. PROSECUTION STORY: 4. On 12.12.2023 at about 11:00 AM, the applicant is stated to have barged into the house of the informant in the absence of her husband and outraged her modesty and after hurling abuses at her, he had even threatened to put her to death. ARGUMENTS ON BEHALF OF APPLICANT: 5. The applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. 6. The FIR is delayed by about 24 days and there is no explanation of the said delay caused. Initially, the FIR was instituted u/s 354, 452, 504, 506 of IPC only but subsequently during the statement of the victim recorded u/s 164 Cr.P.C., the allegations of rape have been made against the applicant. The said allegations have been made after legal consultation. 7. The prosecution story stands falsified from the fact that the victim has stated in her statement that the applicant is stated to have assaulted her husband and caused injuries to his abdomen by knife but there is no medical report of the husband of the victim, as such, the applicant is entitled for bail. It is also alleged that the applicant had cut his hand at the time of offence but the same also does not stand corroborated by his arrest memo. 8. The applicant is the real brother-in-law (Dewar) of the victim and has been falsely implicated in the present case out of family feud. 9. 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. 10. The applicant has criminal history of four cases which has been explained in para-3 of the supplementary affidavit. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 10. The applicant has criminal history of four cases which has been explained in para-3 of the supplementary affidavit. He is languishing in jail since 20.02.2024 and deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. ARGUMENTS ON BEHALF OF STATE: 11. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. CONCLUSION: 12. In the case of Prabhakar Tewari Vs. State of Uttar Pradesh and another, (2020) 11 SCC 648 , the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 13. In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground of criminal antecedent. 14. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 (10) SCC 51 . Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 (10) SCC 51 . Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 15. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 16. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, 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. 17. Let the applicant- Sarvjeet Pandey @ Paplu Pandey, 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. 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. 18. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 19. 18. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 19. 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.