Neutral Citation No. - 2025:AHC:74581 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14230 of 2025 Applicant :- Atif Ahmad Alias Sakir Opposite Party :- State of U.P. Counsel for Applicant :- Haseeb Alam Ansari Counsel for Opposite Party :- G.A.,Shekhar Gangal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Haseeb Alam Ansari, learned counsel for the applicant and Sri Shekhar Gangal, 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. 133 of 2024 , under Sections 87, 64(1) of BNS, Police Station Marhara, District Etah, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have promised the victim to convert to Hinduism and had forcibly raped the victim and had not complied with the said promise of conversion. 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 is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is major aged about 21 years. The allegations are per se false. It is not a case of forcible conversion of the victim. There is no medical corroboration of the incident. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 30.08.2024 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Atif Ahmad Alias Sakir , 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. 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 :- 8.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad