Neutral Citation No. - 2025:AHC:73185 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11223 of 2025 Applicant :- Kallu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh,Sarvagya Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajendra Singh, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.206 of 2024, under Sections 64, 74 B.N.S., Police Station Chetganj, District Varanasi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 23.12.2024 and two other co- accused persons also reached there and outraged her modesty. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. There is no time of offence mentioned in the FIR. Learned counsel has further stated that there is no medical corroboration of the incident, although abrasion of 1 c.m. on left cheek of the victim has been observed, but the said allegations are false. 6. Learned counsel for the applicant has further argued that the victim is 19 years old as per FIR. There is no criminal history of the applicant. The applicant is languishing in jail since 25.12.2024 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. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident, 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- Kallu Kumar, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 7.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad