Neutral Citation No. - 2025:AHC:67309 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14339 of 2025 Applicant :- Vivek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Tej Kulshrestha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atul Tej Kulshrestha, learned counsel for the applicant, 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.121 of 2025, under Sections 64, 333, 115(2), 351(2) B.N.S., Police Station- Akrabad, District- Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim by barging into her house on 14.3.2025 at about 01:00 p.m. 5. 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 about two days and there is no explanation of the said delay caused. The victim seems to be a consenting party and the said fact can be established from her statement recorded U/s 183 B.N.S.S., whereby she stated that her brother came there when the applicant was putting his clothes on and he tried to catch hold of the applicant, but the applicant escaped from his clutches. 6. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident. The victim is major aged about 26 years and the applicant himself is 27 years old. The victim had family dispute with her husband, as such, had falsely implicated the applicant so as to force him into marriage. 7. Learned counsel for the applicant has also placed reliance on certain photographs indicating consent between the applicant and victim. The applicant is languishing in jail since 21.3.2025, having no criminal antecedent to his credit, and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The act of annexing the photographs of the victim in complicity with the applicant filed by learned counsel for the applicant is deprecated. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the circumstances as mentioned by the victim in her statement recorded U/s 183 B.N.S.S. 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. 11. Let the applicant- Vivek Kumar, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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