Neutral Citation No. - 2025:AHC:61724 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13350 of 2025 Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Madan Singh, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 36 of 2025, under Sections 64(1), 115(2), 351(2), 87 of BNS, Police Station - Chandausi, District - Sambhal, during the pendency of trial. 4. The FIR was instituted against the applicant of having enticed away the daughter of the informant on 18.01.2025 at about 02:00 PM. 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 as alleged in the FIR. The FIR is delayed by more than one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone with applicant on a motorcycle and was thereupon raped by him by taking her to a jungle. The victim herself told her age to be 20 years, as such, she is major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 23.01.2025 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. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the applicant has breach the trust of the victim as he has filed certain photographs of her with him showing the affinity. However, the fact that the applicant has no criminal history, has not been disputed by him. 8. The act of counsel for the applicant stands deprecated as he has annexed certain photographs of the victim with applicant to the bail application filed along with affidavit. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 10. Let the applicant- Vishnu, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 23.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad