Neutral Citation No. - 2025:AHC:89361 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15660 of 2025 Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Marjeet Mishra,Shamsher Singh Counsel for Opposite Party :- Dharmendra Kumar,G.A.,Ram Akbal Upadhyay Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shamsher Singh, learned counsel for the applicant and Sri Ram Akbal Upadhyay, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 23 of 2025, under Sections 376-D IPC Police Station Thana Bhawan, District Shamli, during the pendency of trial. 4. As per prosecution story, the named accused Dr. Nadeem, Dr. Gayyur and Muzzammil are stated to have falsely implicated the victim in an FIR regarding the death of a baby boy after delivery, subsequent to which, they are stated to have sexually assaulted the victim and committed gang rape with her between 01.01.2020 to 29.06.2024, as such the FIR was instituted by the victim on 11.01.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR itself is delayed by about six months from the last date of incident and as far as initiation of offence is concerned, it is delayed by about five years and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the applicant is not named in the FIR. His name has come up for the first time in the statement of the victim recorded under section 183 BNSS as an afterthought. There is no evidence to corroborate the allegations made in her statement recorded under section 183 BNSS. The victim herself has instituted the FIR, as such if the applicant had committed any offence with her, same would have been raised in the FIR itself. 7. It is learnt that the deceased has committed suicide subsequently but the applicant is in jail since 07.03.2025 and she had expired in the end of April, 2025, as such it is a clear cut case of false implication. Ironically, the police was pleased to file a closure report qua the named accused persons and the applicant has been subsequently charge sheeted in the said case. The victim is major and as per ossification test report, her age has come up between 22-24 years, as such the applicant is entitled for bail. 8. There is no criminal history of the applicant. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant is the main perpetrator of the crime. The allegations against him are serious in nature. He has sexually molested the victim and forced her into immoral trafficking. The deceased has been forced to commit suicide. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that the victim herself has instituted the FIR and had not nominated the applicant in it, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Farman, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 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 :- 26.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad