Neutral Citation No. - 2025:AHC:81063 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14406 of 2025 Applicant :- Uday Narayan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar,Mahendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akash Tomar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.53 of 2025, under Section 64 B.N.S., Police Station Jamania, District Ghazipur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant, aged about 17 years, on 04.02.2025 at about 7:00 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. The FIR is delayed by about two days and there is no explanation of the said delay caused. The prosecution story stands falsified from the statement of the victim recorded under Section 183 B.N.S.S., whereby she has stated that she was raped upon by the applicant in the evening on 04.02.2025 at about 7:00 p.m. by taking her to a dilapidated building by gagging her mouth. She was seen by her sister, as such, was retrieved and taken to her house. 6. Learned counsel for the applicant has further argued that the victim has further stated that she alongwith family members has gone to the house of the applicant twice and in the second insistence, the applicant is stated to have threatened them. The prosecution story as narrated by the victim in her statement recorded under Section 183 B.N.S.S. is altogether different from the FIR. 7. Learned counsel for the applicant has also argued that there is no medical corroboration of the incident as the victim has not sustained any injury whatsoever. The victim has herself stated her age to be 18 years. There is no criminal history of the applicant. The applicant is languishing in jail since 08.02.2025 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. Learned A.G.A. has vehemently opposed the bail application. 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 delay in institution of the FIR and the age of the victim and also the said material contradiction in the statement of the victim recorded under Section 183 B.N.S.S. to the FIR coupled with the fact that there is no medical corroboration of the incident, 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- Uday Narayan Yadav, 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 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 :- 16.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad