Neutral Citation No. - 2025:AHC:84891 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47253 of 2024 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh,Pradeep Saxena,Raj Kumar Dubey,Subhash Chandra Dubey,Sudha Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Counter affidavit filed on behalf of State is taken on record. 3. Learned counsel for the applicant does not propose to file any rejoinder affidavit to the counter affidavit filed today. 4. Heard Sri Pradeep Saxena, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No.386 of 2024, under Sections 333, 64(1) B.N.S., Police Station Bhamora, District Bareilly, during the pendency of trial. 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 by about one day and there is no explanation of the said delay caused. The victim is a married lady and a consenting party as is but evident from the fact that she had sent her daughter to take help of other persons. There is no medical corroboration of the incident. 7. Learned counsel for the applicant has further argued that it is an admitted fact that the victim and her husband were estranged and she was living separately to him. There is no criminal history of the applicant. The applicant is languishing in jail since 21.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident and also the fact that the victim seems to be a consenting party, 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. 10. Let the applicant- Deepak, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad