Neutral Citation No. - 2025:AHC:66156 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12929 of 2025 Applicant :- Brijesh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh,Shiv Mohan Kashyap Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Singh, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 96 of 2025, under Sections 296, 333, 64, 352, 351(2) B.N.S. and Section 67 of I.T. Act, Police Station Mubarakpur, District Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 25.01.2025 at about 01:30 pm in her house. 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 41 days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. The victim has alleged the allegations of rape in the statement recorded u/s 180 B.N.S.S. against the applicant only. But subsequently has again roped in both the accused persons named in the FIR, who had committed rape with her in her statement recorded u/s 183 B.N.S.S.. The said contradiction speaks volume of false implication. 6. It has been further submitted that the victim is major aged about 22 years old. There is no obscene photo made viral by the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 08.03.2025 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 State Law Officer has vehemently opposed the bail application and submitted that a photograph has been recovered although that is not obscene but it indicated that she has vermilion on her forehead. 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 FIR and the victim is major 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- Brijesh, 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. (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 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. 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 :- 29.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad