Neutral Citation No. - 2025:AHC:67554 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14276 of 2025 Applicant :- Islam Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Surendra Nath Tripathi Counsel for Opposite Party :- G.A.,Sameer Khan Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Surendra Nath Tripathi and Rakesh Kumar Verma, learned counsels for the applicant, Sri Sameer Khan, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.13 of 2025, under Sections 85, 64(2)F, 115(2), 352, 351(3) B.N.S. and 3/4 D.P. Act, Police Station- Katghar, District- Moradabad, 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 misuse of matrimonial laws. The FIR is delayed by about two and half years from the date of incident of rape and there is no explanation of the said delay caused. The applicant is the brother-in-law (Dewar) of the victim and he has nothing to do with the said offence and there is no medical corroboration of the incident. 5. Learned counsel for the applicant has further stated that the victim had stayed in the house of her in-laws subsequent to the said offence of rape and had given birth to a baby-girl on 27.9.2023, as such, the prosecution story is false. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 12.3.2025 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 A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 7. The Supreme Court in Kahkashan Kausar @ Sonam vs The State of Bihar, reported in 2022 (6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are 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 inordinate delay in institution of FIR coupled by 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- Islam, 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. 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 :- 30.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad