Neutral Citation No. - 2025:AHC:78973 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15140 of 2025 Applicant :- Rashid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 30.04.2025 but none is present on behalf of the informant. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 18 of 2025, under Sections 137(2), 64, 352 of BNS, Sections 3/4 of POCSO Act and Sections 3(1)(r), 3(1)(s), 3(2)(5) of SC/ST Act, Police Station - Thakurdwara, District - Moradabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have abducted the victim and after putting her in a car, committed rape with her on 14.01.2025 between 10:00 AM to 12:00 Noon. The co-accused person is stated to be driving the said car. 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 as alleged in the FIR. The FIR is delayed by more than one day and there is no explanation of the said delay caused. 7. Learned counsel has further stated that it is also alleged that the victim identified the applicant by seeing the photo ID card lying in the car from where the name of the applicant was revealed. It is also argued that the identity of the applicant is also questionable as far as this case is concerned. 8. Learned counsel has also stated that the victim is 16 years old as per the version of the FIR. The allegations are false as there is no medical corroboration of the incident although one abrasion is stated to have been observed on the thigh of the victim but there is no statement of the victim regarding the said injury. There is no criminal history of the applicant. The applicant is languishing in jail since 19.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA has vehemently opposed the bail application on the ground that the victim had sustained an abrasion 6 cm x 3 cm on upper part of left leg, 16 cm from knee which corroborates the prosecution story, as such, the applicant is not entitled for bail. However, he could not dispute the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of one day in lodging the FIR coupled by the fact that the identity of the applicant as established by the victim stands questioned and also considering the fact that there is no internal injury sustained by the victim rather observed one abrasion which is simple in nature, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Rashid, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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:- 14.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad