Neutral Citation No. - 2025:AHC:72380 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15109 of 2025 Applicant :- Sameer Lather Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shrivastva,Ram Sheel Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Sheel Sharma, learned counsel for the applicant, Sri Lavkush Kumar Bhatt, learned counsel for the informant as well as 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.102 of 2025, under Sections 323, 354Ka, 354Kha, 420, 506, 376 I.P.C., Police Station- Sector-113 Noida, District- Gautam Buddh Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have impersonated himself and informed the victim that he works in the NIA and had tried to commit unnatural offence with her despite being already married. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The FIR itself is delayed by about eight months and there is no explanation of the said delay caused. The application U/s 156(3) Cr.P.C. was moved on 10.8.2024 which itself is delayed by more than one and half months to the incident. 6. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident. The victim is aged about 36 years and the applicant himself is a 55 years old person, as such, the matter of consensual relationship has been converted to criminal case by the informant. The allegations have been exaggerated and the FIR itself is filled up with embellishments. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.3.2025 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. 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 inordinate delay in institution of FIR and also there being no medical corroboration of the incident, 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- Sameer Lather, 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 :- 6.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad