Neutral Citation No. - 2025:AHC:69238 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3814 of 2025 Applicant :- Shahid Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Maqsood Ahmad Beg,Naiyar Masroof Siddiqui Counsel for Opposite Party :- A.Z.Khan,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Personal affidavit of Dr. B.D. Sharma filed by learned A.G.A. is taken on record. 3. Dr. B.D. Sharma, Medical Officer was called to explain the injuries sustained by the victim as the said injury report was not legible, as such, he has filed his personal affidavit which indicates that the three injuries observed on the body of the victim were abrasions, which are simple in nature. As such, personal appearance of Dr. B.D. Sharma, Medical Officer is dispensed with. 4. Heard Sri Maqsood Ahmad Beg, learned counsel for the applicant, Sri Mohd. Asif, Advocate holding brief of Sri A.Z. Khan, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No.345 of 2022 (Case No.6347 of 2024), under Sections 328, 376 I.P.C., Police Station- Kotwali Mandi, District- Saharanpur, during the pendency of trial. 6. As per prosecution story, the applicant is stated to have committed rape with the victim by forcing into her house on 23.10.2022 at about 05:00 p.m. 7. 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 fifteen days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. The victim is a married lady. 8. Learned counsel for the applicant has further stated that it is true that three abrasions have been observed on the body of the victim, but they are simple in nature. The case of assault has been converted to the case of rape by the informant. The police was pleased to file closure report in the instant case, but on the protest petition filed by the informant, the applicant has been summoned, as such, he was arrested subsequently. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the medical examination of the victim was prompt as she was examined the same night on 23.10.2022. She has sustained three injuries on her body, as such, the prosecution story stands corroborated. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay of fifteen days in institution of FIR and the injuries being simple in nature and no injury having been on the private part of the victim, 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. 11. Let the applicant- Shahid Ansari, 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./351 B.N.S.S. 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 1.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad