Neutral Citation No. - 2025:AHC:74576 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14228 of 2025 Applicant :- Jogesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 28.04.2025 but none is present on behalf of the informant. 2. Heard Sri Safiullah, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 75 of 2025 , under Sections 64(1), 332(Kh) of BNS and Sections 3/4 of POCSO Act, Police Station Bilari, District Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 14.02.2025 at about 12 p.m. 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 eight hoursand there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations of rape do not stand corroborated by any medical evidence whatsoever. It is next stated that the victim has denied being raped by the applicant in her statement recorded under section 183 BNSS, rather she has made allegations of outraging the modesty only, as such the applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 16.02.2025 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 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 as well as statement of the victim recorded under section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Jogesh Kumar , 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