Neutral Citation No. - 2025:AHC:66518 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13948 of 2025 Applicant :- Mithun Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pratap Singh,Lokendra Pratap Singh Counsel for Opposite Party :- G.A.,Indu Shekhar Tripathi,Sandeep Kumar Gupta Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashutosh Pratap Singh, learned counsel for the applicant, Sri Sandeep Kumar Gupta, learned counsel for the informant as well as 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.05 of 2025, under Sections 87, 64(1), 127(1) B.N.S., Police Station- Sakrauli, District- Etah, 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 FIR is delayed by about two days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. There is no medical corroboration of the incident. The victim is major aged about 18-19 years as per the ossification test report. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 6. 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 of two days in institution of FIR and the statement of the victim recorded U/s 183 B.N.S.S. coupled by the fact that there is no medical corroboration of the incident and the victim is 18-19 years old as per ossification test report, 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. 7. Let the applicant- Mithun, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 :- 29.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad