Neutral Citation No. - 2025:AHC:81086 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9335 of 2025 Applicant :- Ashish Tiwari @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Session Trial No. 225 of 2022 (State v. Ashish @ Chhotu Tiwari) arising out of Case Crime No. 938 of 2021, under Sections - 376, 506 IPC, Police Station - Auraiya, District - Auraiya with the prayer to enlarge the applicant- accused on bail. The first bail application of applicant was rejected by this Court vide order dated 13.02.2024. 3. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Alleged incident has been shown of 20.12.2021 and the first information report has been lodged on 28.12.2021. As per prosecution version, on 20.12.2021 while the victim was going to take medicine for her son and she has taken lift in the tempo of the applicant and that on pretext of providing medicine, he took her to a secluded place and committed rape. Learned counsel submitted that in the first information report itself it has been stated that after the incident she inquired about the identity of miscreant and thereafter the first information report was lodged naming the applicant. The first bail application of applicant was rejected by this Court vide order dated 13.02.2024 and trial court was directed to expedite the trial and to conclude the same preferably within a period of nine months but trial has not been concluded so far. Statement of material witnesses, including victim, have been recorded before the trial court and thus, there is no possibility of tampering with evidence. Complainant/ victim is a mature and married lady and that in the alleged incident she has not sustained any injury. As per version of complainant, applicant was not known to her since before the incident. The identity of applicant is wholly doubtful. Criminal history of one case was shown against the applicant but the same has duly been explained and the applicant has been granted bail in that case. It was stated that warrants are being issued against prosecution witness (PW-5) for completion of his statement but he is not appearing before the trial court. Applicant is in jail since 03.01.2022 and thus, he has already undergone the detention of about three years and that trial of the case is likely to take sufficient long time. It was stated that in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits and no new ground is made out. 5. Considering the submissions of learned counsel for the parties and all attending facts, including period of detention, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 6. Let the applicant-accused - Ashish Tiwari @ Chhotu involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 15.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad