Neutral Citation No. - 2025:AHC:78981 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46888 of 2024 Applicant :- Aarif Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Srivastava,Ritvik Srivastava,Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vijay Kumar Dwivedi, learned counsel for the applicant and Sri Anit Kumar Shukla, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 561 of 2024, under Sections 64(1) & 351(2) of BNS, Police Station - Akarabad, District - Aligarh, during the pendency of trial. 4. 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 three days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the victim is a married lady, as such, is major. There is no medical corroboration of the incident. It is a clear cut case of false implication. It is further argued that criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 29.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 7. In the case of Prabhakar Tewari Vs. State of U.P. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR, the age of the victi and also the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Aarif, 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. 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:- 14.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad