Neutral Citation No. - 2025:AHC:67174 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14416 of 2025 Applicant :- Jyot Prakash Yadav Alias Chotu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pulak Ganguly, learned counsel for the applicant as well as Sri S.D. Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 68 of 2025, U/S 64(2)M, 316(2), 89, 351(3), 123, 352 B.N.S., Police Station Cantt. District Gorakhpur, during the pendency of trial. PROSECUTION STORY: 4. The victim is stated to have committed rape with the informant/victim and video-recorded the said act and threatened her to make it viral on social media, as such, had taken Rs. 2.5 lakhs from her as cash and had even taken a mobile on installments, which was being paid by the informant. The applicant is stated to have taken her to several places and committed rape with her on the said pretext. ARGUMENTS ON BEHALF OF THE APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. 6. The FIR is delayed by more than 100 days and there is no explanation of the said delay caused. 7. The victim is a married lady, aged about 35 years and the applicant himself is a married person. It seems to be the consensual relationship between the two. There is no recovery of any video, whatsoever. There is nothing on record to suggest that the applicant had taken any money from the victim. 8. There is no medical corroboration of the incident, as the victim has refused for her medical examination. There is no criminal history of the applicant. The applicant is languishing in jail since 19.3.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 9. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR, coupled by the fact that there being no medical corroboration of the incident, and there being no recovery of any video, whatsoever, 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. 11. Let the applicant- Jyot Prakash Yadav Alias Chotu Yadav involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 13. 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\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad