Neutral Citation No. - 2025:AHC:82281 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14524 of 2025 Applicant :- Natthu Opposite Party :- State of U.P. Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sandeep Mishra, Advocate holding brief of Sri Raja Ram Kushwaha, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.26 of 2025, under Sections 331(5), 118(1), 70(1), 115(2), 351(3) B.N.S., Police Station- Kurara, District- Hamirpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted the victim with blade, thereby cut her hair and had caused injuries to her hand and other parts of the body on 28.1.2025 at about 02:00 a.m. by barging into her house. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about sixteen hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the allegations of assault have been escalated to that of rape by the victim in her statement recorded U/s 183 B.N.S.S. that too after legal consultation. It is true that victim is 16 years old, but it is a clear cut case of false implication. Learned counsel has stated that the medical examination of the victim was conducted belatedly on 15.2.2025 and the said medical examination report indicates old cut mark on her body and there is stated to be an old mark of rope in her neck. The said injuries have been manufactured and they may be self-inflicted. 7. It is further argued by learned counsel for the applicant that the medical examination of the victim has been undertaken after a delay of about seventeen days and there is no medical corroboration of the offence of rape either. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.1.2025 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 that allegations of rape have been made subsequently at the stage of recording of statement of the victim U/s 183 B.N.S.S. coupled by the fact that her medical examination has been conducted belatedly and the allegations of rape also do not stand corroborated by any medical evidence, 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- Natthu, 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 pressurize/intimidate 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 :- 17.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad