Neutral Citation No. - 2025:AHC:87715 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7344 of 2025 Applicant :- Nishant Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Shailesh Singh Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pushpendra Singh, learned Advocate holding brief for Sri Sunil Kumar, learned counsel for the applicant as well as Sri A.K. Shukla, learned A.G.A. for the State and perused the material placed on record. None is present on behalf of the informant. 3. Applicant seeks bail in Case Crime No. 145 of 2024, U/S 64, 61(2), 127(2), 115(2) B.N.S., Police Station Reuna, District Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the co-accused person is stated to have closed the door of the room in which the applicant and the victim were forced into and thereby the applicant is stated to have committed rape with her several times in the night of 9.10.2024. 5. Learned counsel for the applicant has argued that 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. FIR is delayed by six days and there is no explanation of the said delay caused. 6. Learned counsel has further argued that a small abrasion on the right side of elbow joint was seen by the doctor conducting her medical examination on 18.10.2024, which itself is delayed by nine days. There is no duration of the said injury shown by the doctor, as such, it cannot be related to the instant case. There is no other injury observed on the body of the victim to corroborate the allegations of rape. 7. Learned counsel has further argued that the victim is major, being more than 19 years old, as her date of birth is 1.1.2005. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 16.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR and there being no medical corroboration of the incident, 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- Nishant involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 :- 23.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad