Neutral Citation No. - 2025:AHC:68725 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4808 of 2025 Applicant :- Viresh Alias Vagesh Opposite Party :- State of U.P. Counsel for Applicant :- Diwanshu Tiwari,Girja Shanker Sen Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manish Pal, learned Advocate holding brief for Sri Girja Shanker Sen, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 379 of 2024, U/S 323, 328, 366, 376D, 452 IPC, Police Station Faridpur, District Bareilly, during the pendency of trial. PROSECUTION STORY: 4. The applicant alongwith co-accused person Dharmveer is stated to have forcibly taken the victim to agricultural field and committed gang rape on 27.6.2024 at about 11.00 pm. ARGUMENTS ON BEHALF OF APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 6. The FIR is delayed by about two days and there is no explanation of the said delay caused. 7. There is no medical corroboration of the incident. The victim has not sustained any injuries on the internal part of the body. Only two minor injuries have been observed on the left thigh and left hand, which can be self-inflicted. 8. The applicant is languishing in jail since 5.7.2024 having no criminal history and in case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY: 9. The bail application has been opposed on the ground that this is a case of gang-rape and the consent of the victim cannot be drawn, whatsoever. The victim has sustained two injuries on her body, as such, the applicant is not entitled for bail. CONCLUSION: 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 two injuries sustained by the victim on her body parts, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 30.4.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad