Neutral Citation No. - 2025:AHC:72252 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13829 of 2025 Applicant :- Hemant Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arun Kumar Srivastava,Priyanka Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 24.04.2025 but none is present on behalf of the informant even in the revised call. 3. Heard Ms. Priyanka Srivastava, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 54 of 2025, under Sections 64(2)(M), 351(3), 331(2), 333 of BNS and Section 5L/6 of POCSO Act Police Station Baresar, District Ghazipur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 18.03.2025 at about 11 p.m. by barging into her house after finding her alone. 6. 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 3 days and there is no explanation of the said delay caused. The applicant is stated to have committed the said offence by smashing her head on the wall but there is no injury observed by the doctor conducting her medical examination. It is further stated that there is no medical corroboration of the incident as the victim has not sustained any internal or external injury on her body, although the doctor concerned has observed laceration on the inner side of the lips which may be caused by self-bite and the medical examination having been conducted after three days speaks of self-inflicted injury. It is next stated that the victim seems to be a consenting party. The victim by her looks seems to be major and as per the ossification test report her age has come out to be 18-19 years, as such she is major. 7. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application on the ground that the modus operandi of the applicant was condemnable as he has gagged her mouth with cloth, as such the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in 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. 10. Let the applicant- Hemant Verma, 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 :- 6.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad