Neutral Citation No. - 2025:AHC:42647 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7052 of 2025 Applicant :- Gaurav @ Fauji Opposite Party :- State of U.P. Counsel for Applicant :- Satya Srivastava,Sunil Vashisth Counsel for Opposite Party :- G.A.,Niraj Tripathi,Pooja Tripathi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Smt. Satya Srivastava, learned counsel for the applicant and Sri Abhishek Tiwari, Advocate holding brief of Sri Niraj Tripathi, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 28 of 2025, under Sections 123, 64, 351(2) of BNS, Police Station - Baraut, District - Baghpat, during the pendency of trial. 4. As per prosecution story, the victim is a divorcee and the applicant is stated to have taken advantage of the said condition of the victim and had committed rape with her by spiking her milk on 15.01.2025 between 8 to 9 AM. 5. 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 one and a half day and there is no explanation of the said delay caused. It is argued that there are material contradictions regarding the liquid administered to her. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 18.01.2025 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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- Gaurav @ Fauji, 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:- 24.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad