Neutral Citation No. - 2025:AHC:85604 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5712 of 2025 Applicant :- Subhash Alias Ballu Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Counter affidavit filed today by learned AGA is taken on record. 2. Heard Sri Arun Kumar Vishvakarma, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 246 of 2024, under Section 64 of BNS, Police Station - Awagarh, District - Etah, during the pendency of trial. 4. As per prosecution story, the victim is stated to have started crying by seeing the informant on 01.12.2024 and after much persuasion, she informed him that she has been raped upon by the applicant the same day. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case out of vengeance. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed as there is no time of offence mentioned in it. 6. Learned counsel has also stated that it is true that the victim is stated to be of slow reflexes as it is stated that she was a bit mentally unstable, as such, she was living with her parents after marriage. In the statement of the informant recorded u/s 180 BNSS, he has stated that he had seen the victim in the mustard field on 01.12.2024 and some unknown person was running away from the place of occurrence between 05:30 PM to 06:00 PM. 7. Learned counsel has further stated that the victim was asked about the name of the assailant and she pointed her finger towards the applicant. It is argued that it has come up in the statement that the said assailant had run away from the place of occurrence and there was no occasion for the said assailant to return back and keep standing near the victim. 8. Learned counsel has further argued that the victim has mentioned the name of the applicant to be the assailant in the statement recorded u/s 183 BNSS that too after legal consultations. There is another material contradictions in the statement of the victim recorded by the doctor concerned whereby she has stated that the applicant had attempted to commit the said offence with her. She has also stated in her statement recorded u/s 183 BNSS that she was beaten on her face and her chest but there is no visible injury observed by the doctor conducting her medical examination. 9. Learned counsel has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 05.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned AGA 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the mental state of the victim, her statement recorded u/s 183 BNSS and also considering her statement before the doctor who conducted her medical examination whereby she has stated that the applicant had attempted to commit the said offence and also there being no medical corroboration of the incident as no injury has been sustained to the victim, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Subhash Alias Ballu, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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:- 21.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad