Neutral Citation No. - 2025:AHC:66526 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37125 of 2024 Applicant :- Sharik Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Masoom Alam Counsel for Opposite Party :- Anil Kumar Mishra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Masoom Alam, learned counsel for the applicant and Sri Anil Kumar Mishra, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 321 of 2024, under Sections 61, 64(1)a, 351(2) of BNS, Police Station - Gangoh, District - Saharanpur, during the pendency of trial. 4. Admittedly, the applicant was enlarged on interim bail by coordinate Bench of this Court vide order dated 21.11.2024 on the ground that the applicant was ready to marry the victim. The applicant has surrendered in compliance of the order of this Court dated 18.01.2025 as the said marriage could not be solemnized. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 03.08.2024 in the nigh of 02/03.08.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed as it was instituted on 03.08.2024 at 06:25 PM. 7. Learned counsel has also stated that there is no medical corroboration of the incident as no injury was observed by the doctor conducting her medical examination on 03.08.2024 at about 07:50 PM. The medical examination was prompt just after institution of the FIR. The age of the victim is 19 years old. There is no criminal history of the applicant.The applicant is languishing in jail since 09.08.2024 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim had told the doctor that she was rendered unconscious after forcing her to smell a handkerchief and was raped upon by the applicant, as such, the applicant is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that there is no medical corroboration of the incident coupled by the fact that the victim is major aged about 19 years old, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sharik, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 29.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad