Neutral Citation No. - 2025:AHC:86673 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8284 of 2025 Applicant :- Harshit Chaudhary Alias Shahbaz Khan Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Raj Kishor Mishra, Advocate holding brief of Sri Dinesh Yadav, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.663 of 2024, under Sections 420, 376, 377, 323, 504, 506 I.P.C., Police Station- Banna Devi, District- Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by concealing his religion and also by impersonating himself to be an Army personnel. It was revealed later on to the victim that applicant was already married and had two children from her earlier marriage. 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 and the allegations are per se false. 6. Learned counsel for the applicant has further stated that the victim was a consenting party and she had gone with the applicant all the way to Aligarh and Gujarat and stayed there for a substantial period of time. The victim is major aged about 25 years. 7. Learned counsel for the applicant has also contended that the victim is not coming up for statement during trial. The final report (charge-sheet) has been submitted against the applicant in court on 24.10.2024 and the charge has been framed on 3.1.2025, and subsequent to it, as per the report received from the trial court dated 13.5.2025, no witness has been examined to date. As such, there is no likelihood of conclusion of trial in near future. The fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 8. It is further argued by learned counsel for the applicant that the criminal history of two cases assigned to the applicant stands explained vide supplementary affidavit dated 9.3.2025. The applicant is languishing in jail since 30.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim and the circumstances as narrated by her during the statement recorded U/s 164 Cr.P.C. coupled by the fact that no prosecution witness has been examined to date, 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. 12. Let the applicant- Harshit Chaudhary Alias Shahbaz Khan, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 22.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad