Neutral Citation No. - 2025:AHC:38717 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8265 of 2025 Applicant :- Sameer Alias Sameeruddin Opposite Party :- State of U.P. Counsel for Applicant :- Manish Pandey,Mritunjay Verma Counsel for Opposite Party :- G.A.,Saiyad Iqbal Ahmed Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manish Pandey, learned counsel for the applicant and Sri Saiyad Iqbal Ahmed, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No.236 of 2024, under Sections 64, 308(2), 352, 333, 351(3) B.N.S., Police Station Nakhasa, District Sambhal, 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 16 days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that there is no allegation of rape in the F.I.R. or in the statement of victim recorded under Section 180 of B.N.S.S. but subsequently in her statement recorded under Section 183 B.N.S.S. the allegation of rape has been escalated against the applicant. The said allegation has been made after legal consultation. There is no recovery of any indecent photographs or video of the victim. 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 09.12.2024 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. Per contra, learned AGA 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- Sameer Alias Sameeruddin, 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 :- 18.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad