Neutral Citation No. - 2025:AHC:69221 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2073 of 2025 Applicant :- Ashish Gond Alias Pintu Gond Opposite Party :- State of U.P. Counsel for Applicant :- Renu Sharma,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Santosh Kumar Tiwari and Sri Yashwant Pratatp Singh, learned counsels for the applicant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 200 of 2024, U/S 498- A, 323, 506, 376 IPC, Police Station Baghauchghat, District Deoria, during the pendency of trial. PROSECUTION STORY: 4. The applicant is stated to be the nephew of the husband of the informant and is stated to have raped her and had video-recorded the said act and threatened the victim/informant to make it viral on social media. Subsequently, the applicant is stated to have come to the house of the informant on 17.12.2023 at about 2.00 pm and had again attempted to establish relationship with her by showing a knife to her. On her raising of alarm, the neighbours are stated to have rushed there, whereby the applicant is stated to have run away from the scene of occurrence after threatening her. ARGUMENTS ON BEHALF OF THE APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. 6. The FIR is delayed by more than nine months from the said date of incident and as far as the initial incident is concerned, there is no date and time of offence mentioned therein. There is no explanation of the said delay caused. 7. There is no recovery of any video whatsoever. The victim is a married lady and obviously, is major. 8. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 28.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 9. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR and there being no medical corroboration of the alleged incident, 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- Ashish Gond Alias Pintu Gond involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 :- 1.5.2025\Shalini (Justie Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad