Neutral Citation No. - 2025:AHC:67118 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14259 of 2025 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta,Vinay Kumar Singh Singraur Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.81 of 2025, under Sections 126(2), 76, 115(2), 351(3), 117(2), 64(1) B.N.S., Police Station Sarai Inayat, District Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted the informant/victim and outraged her modesty and had torn her clothes of with an intention to disrobe her on 02.03.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 16 days and there is no explanation of the said delay caused. There is no time of offence mentioned in the FIR. The applicant and the informant are at animus with each other. Learned counsel has further stated that the applicant had moved an application under Section 156(3) Cr.P.C. against the informant herein and the said application has been treated as a complaint case vide order dated 29.11.2025 passed by ACJM, Court No.9, Allahabad. 6. Learned counsel for the applicant has also argued that the instant FIR is a counterblast to the said FIR. The injuries sustained by the victim do not pertain to sexual assault. One injury on her left forearm and one on her right cheek have been observed. The criminal history of one case assigned to the applicant stands explained. The applicant is languishing in jail since 26.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that the victim has sustained injuries although he could not dispute the fact that the FIR is delayed by about 16 days. 8. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the FIR being delayed by about 14 days and a complaint case pending against the informant, and 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. 10. Let the applicant- Dharmendra Singh, 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 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. 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 :- 30.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad