Neutral Citation No. - 2025:AHC:64934 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13839 of 2025 Applicant :- Vipul Yadav Opposite Party :- State Of U.P Through Its Secretary Home Department Lucknow. U.P And 3 Others Counsel for Applicant :- Mohd Sarwar Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Sarwar Khan, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 18.04.2025. 4. Applicant seeks bail in Case Crime No.58 of 2025, under Sections 64, 351(3) B.N.S. and 3/4 POCSO Act, Police Station Kheta Sarai, District Jaunpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim in the agricultural field when she had gone to ease herself out on 22.03.2025 at about 8:00 p.m. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The FIR is delayed by about 11 hours and there is no explanation of the said delay caused. The prosecution story stands falsified from the fact that there is a toilet in the house of the victim, as such, the said averment of going out to ease herself out stands falsified. 7. Learned counsel for the applicant has further argued that the victim seems to be a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she has stated that she knew the applicant and had met him once before also and she also knew that he was employed in Dubai. Learned counsel has further stated that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 23.03.2025 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 A.G.A. has vehemently opposed the bail application. 9. 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 the FIR and the statement of the victim recorded under Section 183 B.N.S.S. coupled with 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- Vipul Yadav, 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 :- 28.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad