Neutral Citation No. - 2025:AHC:90279 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13631 of 2025 Applicant :- Kinnu Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeetendra Kesharwani,Siddharth Niranjan Counsel for Opposite Party :- G.A.,Pramod Kumar Maurya Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Siddharth Niranjan, learned counsel for the applicant, Sri Pramod Kumar Maurya, learned counsel for the informant, 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. 809 of 2024, under Section 376 IPC, Police Station Chiluwatal, District Gorakhpur, during the pendency of trial. 4. 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 five months and there is no explanation of the said delay caused. 5. It is further stated that the victim is major, being 22 years old and is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S. 6. It is further argued that the victim had delivered a dead child, as reported by learned A.G.A. and has not been disputed by the learned counsel for the informant. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 22.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but have not disputed the aforesaid submissions of learned counsel for the applicant. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party and the delay in institution of FIR, 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- Kinnu Prajapati, 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 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. 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 :- 27.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad