Neutral Citation No. - 2025:AHC:9925 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44130 of 2024 Applicant :- Javed Alias Shibbu Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- Ajay Vir Singh,G.A.,Saurabh Yadav Hon'ble Vivek Varma,J. 1. Heard learned ounsel for the applicant, learned A.G.A. for the State and Sri Saurabh Yadav, counsel for the informant. Perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 349 of 2024, under Sections 64(1), 127(2), 316(2), 123, 115(2), 351(3), 61(2) B.N.S., Police Station- Khandauli, District- Agra during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case due to certain other dispute between the parties. The incident is alleged to have occurred on 29.10.2023. The first information report was lodged on 4.10.2024. The delay is fatal to the prosecution case. No indecent video or obscene photograph of the victim was collected by the investigating officer. At this stage, there is no credible evidence to link the applicant with the offence. The applicant does not have any criminal history. The applicant is in jail since 6.10.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is inordinate delay in lodging the first information report. No indecent video or obscene photograph of the victim was collected by the investigating officer. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Javed Alias Shibbu involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad