Neutral Citation No. - 2025:AHC:68498 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14579 of 2025 Applicant :- Manoj Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 74 of 2025, U/S 452, 427, 504, 376, 506 IPC, Police Station Manduadeeh, District Varanasi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim and had entangled her in his net and got issued certain cheques in his name to the tune of Rs. 2,25,000/- and transferred the said amount to his account by threatening to cause death of her husband. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 6. It is stated that FIR is delayed by more than one year and there is no explanation of the said delay caused. Even the application moved u/s 175(3) B.N.S.S. has been moved after a delay of about six months and there is no explanation of the said delay caused either. 7. Learned counsel has further stated that the victim is a married lady and is obviously major. The matter of money dispute has been converted to that of rape by the victim. There is no medical corroboration of the incident. 8. There is a criminal history of three cases assigned to the applicant, which stands explained, as in two of those cases, he is on bail, while the third case is bailable and triable by Magistrate. The applicant is languishing in jail since 22.3.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 10. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of the FIR and the application moved u/s 175(3) B.N.S.S., 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. 12. Let the applicant- Manoj Pandey involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 14. 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 :- 1.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad