Neutral Citation No. - 2025:AHC:67228 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14375 of 2025 Applicant :- Kasim Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Naushad, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.422 of 2023 (S.T. No.879 of 2023), under Sections 323, 366, 376 I.P.C., Police Station- Kandhla, District- Shamli, during the pendency of trial. 4. 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 ten days and there is no explanation of the said delay caused. The victim is major aged about 22 years as per the school certificate. She has travelled to several places in Harayana with the applicant expressing her consent. 5. Learned counsel for the applicant has further stated that the fact that applicant has concealed his religion is false. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.9.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of ten days in institution of FIR and the victim being major aged about 22 years, 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. 8. Let the applicant- Kasim, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad