HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40688 of 2024 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Shashank Shekhar Pandey, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 301 of 2024, under Sections 498-A, 323, 326-A, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Thakurdwara, District Moradabad during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is husband of the informant and has been falsely implicated in the present case. As per the first information report, the allegation of rape has been levelled against the co-accused Ible Hasan. The applicant along with other co-accused is alleged to have assaulted the informant on 31.03.2024. The application for registration of the first information report was submitted on 06.04.2024. The first information report was registered on 12.07.2024. The victim in her statements under Sections 161 and 164 Cr.P.C. stated that the applicant sprinkled petrol on her on 08.08.2022. For the first time the victim was medically examined by the doctor on 26.04.2024. As per the medical Versus Counsel for Applicant(s) : Anit Kumar Pal, Ashok Kumar Giri, Keshari Nath Tripathi Counsel for Opposite Party(s) : G.A. Sarfaraz .....Applicant(s) State of U.P. .....Opposite Party(s) report, old burn mark of injury on the front side of chest and right side of cheek was seen. It is contended that the victim sustained burn injuries while cooking food at her matrimonial house. The said injury cannot be linked with the offence. The delay in lodging the first information report is fatal to the prosecution case. Further, the contradictions in the first information report and the statements of the victim/ informant under Sections 161 and 164 Cr.P.C. discredit the prosecution case. The applicant is in jail since 30.08.2024 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that as per the first information report, the allegation of rape has been levelled against the co-accused Ible Hasan. The applicant along with other co-accused is alleged to have assaulted the informant on 31.03.2024. The application for registration of the first information report was submitted on 06.04.2024. The first information report was registered on 12.07.2024. The victim in her statements under Sections 161 and 164 Cr.P.C. stated that the applicant sprinkled petrol on her on 08.08.2022. For the first time the victim was examined by the doctor on 26.04.2024. The first information report has been lodged belatedly. Further, the contradictions in the first information report and the statements of the victim/ informant under Sections 161 and 164 Cr.P.C. discredit the prosecution case. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost one and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the BAIL No. 40688 of 2024 2 evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sarfaraz, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 17, 2025 SKT/- BAIL No. 40688 of 2024 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad