Neutral Citation No. - 2025:AHC:74528 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14180 of 2025 Applicant :- Banti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Himanshu Mishra, learned counsel for the applicant and Sri Kuldeep Singh Chahar, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 43 of 2025 , under Sections 64(1), 351(2), 331(4) of BNS and Sections 3/4 of POCSO Act and Section 3(2)(5) of SC/ST Act, Police Station Achnera, District Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim in the night of 25/26.02.2025 and committed aggravated sexual assault with her. There are allegations under the SC/ST Act also against the applicant. 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 as it was instituted the next day at about 3 p.m. and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as there is no medical corroboration of the incident. It is true that the informant and her family members had assaulted the applicant but there is no sign of any injury on the body of the applicant at the time of his arrest on 28.02.2025. 7. There is no criminal history of the applicant. It is true that the victim was minor less than 16 years old at the time of offence but he has been falsely implicated as he was married about four days before the incident. The applicant is languishing in jail since 28.02.2025 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. Per contra, learned State Law Officer and learned counsel for the informant have has 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- Banti , 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