Neutral Citation No. - 2025:AHC:82001 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15856 of 2025 Applicant :- Ankit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhawesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 29.4.2025. 3. Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 151 of 2025, U/S 137(2), 64(2)(m), 318 B.N.S. and 3/4 POCSO Act, Police Station Kotwali Nagar, District Bulandshahr, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 30.2.2025 after 9.30 am by taking to a hotel. The matter was revealed to the informant after the victim reached her house. 6. 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, as it was instituted in the night of 11.20 pm and there is no explanation of the said delay caused. 7. It is further argued that the victim seems to be the consenting party, as she had gone with the applicant all the way to a hotel and did not raise any alarm, whatsoever. She revealed the incident to the informant after coming back to her house. The statement of the Manager of the hotel indicates that the victim and the applicant used to visit the hotel frequently, for the last four months. 8. Learned counsel has further stated that the victim seems to be major, by her looks, although as per school certificate, she was 17 years old. 9. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 25.2.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party, the delay in institution of FIR and there being no medical corroboration of the incident, 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- Ankit, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 17.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad