Neutral Citation No. - 2025:AHC:69046 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 918 of 2025 Applicant :- Bhagwan Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Upadhyay,Shiv Sagar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shiv Sagar Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in S.C. No. 728 of 2022 arising out of Case Crime No. 158 of 2021, under Sections 376(2)(L), 376(2) (N), 452, 506 of IPC, Police Station - Uruwa Bazar, District - Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the sister of the informant on 13.11.2021 at about 12:00 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 about 14 days 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 164 Cr.P.C. whereby she has stated that the applicant used to completely disrobe her and had established relationship with her several times. The victim is 25 years old. 7. Learned counsel has further stated that it is true that the victim is blind otherwise she has complete senses. The informant has been examined in Court and has not supported the prosecution story, as such, it is a clear cut case of false implication. The said statement has been recorded on 17.10.2022 and since then no witnesses have turned up, as such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 8. Learned counsel has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 02.12.2021, as such, the period of incarceration has come out to be more than 3 and a half years. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the victim was blind and the applicant has taken advantage of her blindness and has committed the said offence. However, he could not dispute the fact that the applicant has no criminal history. 10. This Court has called for a report from the Trial Court which indicates that the statement of the informant was recorded on 17.10.2022 as PW- 1 and since then no witnesses have turned up including the victim. They proposes to examine four more witnesses but none of them have turned up. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the delay of 14 days in lodging the FIR and the fact that the informant has turned hostile and also taking into consideration the statement of the victim recorded u/s 164 Cr.P.C. and the victim having no injury whatsoever, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Bhagwan Vishwakarma, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad