Neutral Citation No. - 2025:AHC:59699 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13024 of 2025 Applicant :- Arjun Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant as well as Sri A.K. Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 96 of 2025, U/S 64, 61(2), 135 B.N.S., Police Station Jawan, District Aligarh, during the pendency of trial. PROSECUTION STORY: 4. The co-accused person is stated to have closed the door in the gher on 16.3.2025 at about 9.30 pm and the applicant is stated to have committed rape with her. ARGUMENTS ON BEHALF OF 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. It is stated that he has nothing to do with the said offence. 6. The FIR is delayed by about four hours and there is no explanation of the said delay caused. 7. The victim is major, being more than 19 years old and is the consenting party. The applicant is the resident of Hathras, while the incident is of Aligarh. The applicant was in love with the victim and had regular conversation with her. The said C.D.R. has been filed as Annexure-5 to the supplementary affidavit, as such, the applicant is entitled for bail. 8. The applicant is languishing in jail since 16.3.2025 having no criminal history and in case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY: 9. The bail application has been opposed on the ground that the victim had sustained injuries on her vital part, which is but evident from the injury report filed as Annexure-4 to the supplementary affidavit, as such, the applicant is not entitled for bail. CONCLUSION: 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the FIR being prompt and instituted within four hours and the incident being supported by the injury report, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.4.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad