Neutral Citation No. - 2025:AHC:69013 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 478 of 2025 Applicant :- Shiv Kumar Soni Alias Kariya Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Babu Lal Ram, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 372 of 2024, under Sections 64, 115(2), 352, 351(3) of BNS, Police Station - Barra, District - Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 11.07.2024 at about 10:00 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 three days and there is no explanation of the said delay caused. The allegations are per se false. 6. Learned counsel has also stated that the matter of family brawl between the two has been converted into a case of sexual assault. The victim has sustained three injuries and they are simple in nature. The victim is 32 years old married lady. There is no criminal history of the applicant. The applicant is languishing in jail since 29.10.2024 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 AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that there is a delay of three days in lodging the FIR and also taking into consideration the injury report of the victim as the injuries are simple in nature, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Shiv Kumar Soni Alias Kariya, 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. 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad