Neutral Citation No. - 2025:AHC:86007 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14919 of 2025 Applicant :- Shakir Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned State Law Officer has informed that notice to the informant has been served on 7.5.2025. 3. Heard Sri Sudhanshu Singh, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.70 of 2025, under Sections 75, 76, 64(1), 352, 351(2) B.N.S. and 7/8, 3/4 POCSO Act, Police Station- Nawabganj, District- Bareilly, during the pendency of trial. 5. As per prosecution story, the FIR was instituted regarding sexual harassment with the victim having been committed by the applicant on 29.1.2025 at 07:00 a.m. 6. 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 does not mention a single word about rape, but subsequently, the allegations have been escalated to that of rape by the victim in her statement recorded U/s 180 & 183 B.N.S.S., as such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that the FIR is delayed by about one day and there is no explanation of the said delay caused and also there is no medical corroboration of the incident either. The victim by her looks seems to be major, although she is stated to be 17 years and 10 months old. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.2.2025 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 State Law Officer 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 FIR and there being no medical corroboration of the incident coupled by the fact that allegations of rape have been raised subsequently, 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- Shakir Khan, 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 :- 21.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad