Neutral Citation No. - 2025:AHC:28446 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44204 of 2024 Applicant :- Surendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Kripa Shankar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kamal Singh, Advocate holding brief of Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 162 of 2024, under Sections 64(1), 333, 351(3) of BNS, Police Station - Hasayan, District - Hathras, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant in the morning of 22.07.2024 at about 05:34 AM and started raping her whereby on raising of her alarm, her family members are stated to have rushed there, seeing the applicant, who is stated to have run away from the house of the informant. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 17 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the informant/victim is a married lady, as such, she is major. There is no medical corroboration of the incident. There is a material contradiction in the statement of the victim recorded u/s 183 BNSS to the FIR whereby she has stated that the applicant was trapped in the house of the informant herself and the door was closed from outside by brother-in-law (Dewar) but the said story stands falsified from the arrest memo of the applicant which indicates that he was arrested by the police at some other place. 6. 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. There is no criminal history of the applicant. The applicant is languishing in jail since 23.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and 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. 9. Let the applicant- Surendra Singh, 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./ 351BNSS 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 28.2.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad