Neutral Citation No. - 2025:AHC:70846 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14924 of 2025 Applicant :- Surjan @ Raju Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kamar Shah Alam Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Kamar Shah Alam, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.327 of 2024, under Sections 74, 64(1), 115(2), 117(2) B.N.S., Police Station Kadarchowk, District Budaun, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim. On her raising of alarm, the applicant had assaulted her and caused head injury and fracture on her hand on 02.11.2024. 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. No time of offence is mentioned in it. The victim is major aged about 19 years. The injury sustained are simple in nature, although she has sustained stitch mark on fronto-parietal region and fracture on her hand. 6. Learned counsel has further stated that the allegations have been escalated to that of rape by the victim after legal consultation. The applicant is a close relative of the informant. He happens to be the husband of the sister-in-law of the informant. He has noting to do with the said offence. There is no criminal history of the applicant. The applicant is languishing in jail since 06.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that one of the injury was fracture and another was on vital organ i.e. head, as such, the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the allegations of rape have been escalated subsequently coupled with the fact that the injuries are simple in nature, 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. 9. Let the applicant- Surjan @ Raju, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 5.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad