Neutral Citation No. - 2025:AHC:64826 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12738 of 2025 Applicant :- Hemant Opposite Party :- State of U.P. Counsel for Applicant :- Prasoon Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sarvjeet Kumar, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 355 of 2024, U/S 64, 351(3), 87 B.N.S., 2023, Police Station Magorra, District Mathura, during the pendency of trial. PROSECUTION STORY: 4. The applicant is stated to have forcibly abducted the daughter of the informant, aged about 20 years, on his motorcycle and had taken her all the way to Bharatpur, Rajasthan and had committed rape with her and had dropped her back on 3.12.2024. ARGUMENTS ON BEHALF OF THE APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. 6. The FIR itself indicates that the victim was dropped near her house on 3.12.2024 itself but the FIR has been instituted on 7.12.2024, which is delayed by about four days from the date of her recovery. The FIR is delayed by five days from the date of incident and there is no explanation of the said delay caused. 7. There is material contradiction in the statement of the victim to the FIR whereby the applicant had taken her to his sister's house and raped there. 8. The victim is major, aged about 20 years as per the FIR itself. The consent of the victim can be drawn from the fact that she had gone with the applicant on his motorcycle from Mathura to Agra, and if the FIR is taken into consideration, she had travelled from Mathura to Bharatpur. Both the places are far away from the place of residence of the victim. 9. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 12.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 10. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 11. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the contradiction in the statement of the victim to the version of FIR, the fact that she went with the applicant on his motorcycle and there being no medical corroboration, 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. 13. Let the applicant- Hemant involved in aforementioned case crime number 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 shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 15. 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 :- 28.4.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad