Neutral Citation No. - 2025:AHC:68008 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6619 of 2025 Applicant :- Mahesh Babu Opposite Party :- State of U.P. Counsel for Applicant :- Sheetal Prasad Chakravorty Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Dinesh Kumar Gupta, Advocate holding brief of Sri Sheetal Prasad Chakravorty, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 634 of 2024, under Sections 74, 352, 64, 351(2), 123(1), 115(2) of BNS, Police Station - Shikohabad, District - Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that initially, the allegations were of outraging the modesty only but the said allegations have been escalated to rape in the statement of the victim recorded u/s 180 & 183 BNSS, as such, the allegations are per se false. The victim is major aged about 36 years old. It is further stated that criminal history of one case assigned to the applicant stands explained in the supplementary affidavit filed today in court. The applicant is languishing in jail since 07.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that there are nail marks on right side of breast of the victim, as such, the prosecution story stands fortified. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the age of the victim and there being no allegations of rape in the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Mahesh Babu, 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. 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad