Neutral Citation No. - 2025:AHC:84928 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6439 of 2025 Applicant :- Mohd. Nayab Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Sadrul Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Anil Kumar Dubey, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.108 of 2024, under Sections 420, 467, 468, 471, 376, 504, 506 and 498-A I.P.C., Police Station Sheeshgarh, District Bareilly, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant/victim that the applicant had married her in the year 2018 and subsequent to it, FIR No.116 of 2021 was instituted against the applicant. The applicant is stated to have taken the victim to Delhi, whereby he alongwith his other family members had committed gang-rape with her. The applicant got her raped in his own presence by his family members. 5. Learned Senior Counsel for the applicant has argued that it is a clear-cut case of false implication. The FIR is delayed and there is no date and time of offence mentioned in it. The victim is the wife of the applicant and she has foisted the instant case as both had fallen apart subsequently. A matter of family dispute has been converted to that of rape by her. It is a clear- cut case of misuse of rape laws and dowry laws. There is no criminal history of the applicant except the said Case Crime No.116 of 2021, in which closure report has already been filed and it has been accepted by court on 18.05.2022. 6. Learned Senior Counsel for the applicant has further argued that all the co-accused persons have been exonerated by the Investigating Officer and the charge-sheet has been filed against the applicant only that too under Section 376 I.P.C. and not regarding gang-rape. There is no medical corroboration of the incident. The applicant is languishing in jail since 18.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that no date and time of offence is mentioned in the FIR and there being no medical corroboration of the incident, 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. 9. Let the applicant- Mohd. Nayab, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad