Neutral Citation No. - 2025:AHC:84767 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15068 of 2025 Applicant :- Niskarsh Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Javed Raza,Jitendra Singh Counsel for Opposite Party :- Anurag Kumar,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri Anurag Kumar, learned counsel for the informant, 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.635 of 2024, under Sections 69, 351(2) B.N.S. and Section 3/4 D.P. Act, Police Station Izzat Nagar, District Bareilly, 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 instant case is a clear-cut case of misuse of process of law. The victim is 34 years old and the applicant is 28 years old. There is no medical corroboration of the incident. It is true that the applicant is married person, but so is the victim. 5. Learned counsel for the applicant has further argued that the matter of illicit relationship has been converted to rape. The criminal history of three cases assigned to the applicant stands explained. The applicant is languishing in jail since 12.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no medical corroboration of the incident 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. 9. Let the applicant- Niskarsh Saxena, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad